The state’s highest court issued new rules last week to help courts transition to remote hearings for criminal cases as the pandemic continues to disrupt court operations statewide.
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SPRINGFIELD — The state’s highest court issued new rules last week to help courts transition to remote hearings for criminal cases as the pandemic continues to disrupt court operations statewide.
Illinois Supreme Court Chief Justice Anne Burke said the order “provides guidance for our courts to address the backlog of criminal cases created by the COVID-19 pandemic,” in a news release last week.
Courthouses shut their doors last March, allowing only essential matters to be held in-person and temporarily halting jury trials in criminal and civil cases and affecting criminal defendants’ right to a speedy trial.
In May, the Illinois Supreme Court issued an order that directed circuit courts to return to normal operations on June 1 and gave local judges discretion to allow for remote or in-person hearings.
In-person civil and criminal jury trials have slowly resumed with social distancing and other public health guidelines in place in nearly all counties, except Cook County where in-person jury trials are still on hold.
The Feb. 11 order states that certain criminal hearings, such as initial appearances or non-substantive status hearings, can be held remotely, even if the person charged with a crime objects to a remote hearing.
Other hearings, such as sentencing hearings or hearings where a plea of guilty will be entered, must be conducted in-person unless the person charged with a crime agrees to participate remotely, according to the order.
Bench trials, where a judge decides the verdict instead of a jury, can be held remotely if the person charged consents in writing and the judge finds that doing so will not jeopardize the integrity of the trial process.