Judges and Judiciary,
Criminal,
Civil Rights
Apr. 8, 2020
Remote proceedings violate defendant’s rights, even with consent, say criminal defense attorneys
Some defense attorneys have represented their clients remotely, choosing to abide by social distancing orders. Others continue to appear alongside their clients while the judge remains in a separate courtroom.
As courts scramble to adopt procedures for remote criminal proceedings under the Judicial Council's emergency order, some attorneys argue the very premise of participation by video or telephone violates their clients' constitutional rights, even if they consent.
The council's order, issued Monday, in part gives individual courts the authority to mandate remote criminal proceedings but requires they obtain a defendant's consent first....
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