Bringing Water to the Desert, Part Four
By Judge Debra Sasser
In Part One, “Bringing Water to the Desert (on a Horse With No Name),” Judge Vince Rozier (Resident Superior Court Judge in the Tenth Judicial District) and Judge Beth Tanner (District Court Judge in the Twenty-Ninth Judicial District) began a conversation on how attorney shortages in legal deserts negatively impact the ability of the State to provide court-appointed attorneys.
In Part Two, Judge Tanner and Judge Rozier addressed concerns on recruiting and retaining attorneys on the court-appointed list, briefly touching on how simple tweaks to case management procedures can address some of the issues preventing attorneys from accepting court-appointed cases.
In Part Three, Judge Rozier and Judge Tanner addressed the importance of reducing the amount of nonproductive, in-court hours for attorneys and explained how minor changes — such as remote calendar call, remote status conferences and the use of some out-of-court case management procedures in criminal cases — can be instrumental in achieving the goal of justice for all. In this video, Judge Tanner and Judge Rozier discuss specific benefits of expanded use of remote technology and explain how they have used technology to encourage attorneys to take on court-appointed cases, thereby facilitating access to justice.
Post Video Footnote: Webex and Owls and CRAVE, oh my!
Prior to the COVID-19 pandemic, the North Carolina General Statutes provided for remote proceedings and/or testimony only in certain circumstances. For example, G.S. § 15A-1225.1 allowed a witness who is under the age of sixteen to testify remotely, provided the Court made certain findings.
Response to the COVID-19 pandemic (particularly the need to limit in-person court appearances) required quick solutions, which the Judicial Branch provided. By incorporating the use of more (and different) audio-visual technology, the Judicial Branch continued to keep the courts open and operating safely. Webex[1] based calendar calls and hearings became common place. “Remote hearings” became more “court” friendly with the addition of Owls[2] and Desk Pros[3], which facilitated hybrid hearings (hearings with both virtual and in-person participants). Use of such technology and tools reduced the need for in-person appearances for some participants in several types of hearings.
Legislation followed suit. North Carolina General Statute 7A-49.6, effective on April 1, 2021, allows judicial officials to conduct proceedings using audio and video transmission so long as specific criteria is met.
In 2022, the Judicial Branch launched the Courtroom Audio Visual (CRAVE) Project. Presiding over a CRAVE courtroom is like the Wonderful Wizard controlling the Land of Oz! A better explanation of the CRAVE project is also available.
In the years since the pandemic, remote calendar calls and hybrid hearings (in and outside of a CRAVE courtroom) continue to take place in many counties, particularly in civil courtrooms (including general civil matters, child protection cases, domestic matters, and civil domestic violence hearings}. Incorporating the use of remote meeting technology in criminal cases is a natural next step.
Judge Debra S. Sasser served as a District Court Judge in Wake County from 2004 until her retirement from the bench on January 1, 2025. An expanded legal bio is available in the blog post accompanying Part One of this series.
[1] A Webex meeting is a virtual meeting on the Cisco Webex platform, a cloud based service similar in function to Zoom and Team meetings.
[2] The Meeting Owl is an all-in-one video conferencing device that captures 360° audio/video, automatically focusing on whoever is speaking. And yes, the Owl camera hoots when it is turned on.
[3] A Desk Pro is a dedicated audio/video conference “monitor” that can be used for connection to Webex and other virtual meeting apps. A Desk Pro is typically set up in an area outside of the courtroom, such as an unused office or jury room.