Maryland's Court of Appeals adopts tech changes to make justice more accessible.

This week, Maryland's highest court, which makes the rules dictating how litigation is conducted in all of our courts, adopted rules making access to justice a bit easier.

Spurred by the inconvenience visited by COVID-19, where mandatory closures prevent many court room activities, the Court approved the following;

• Video conferencing in the District Courts- A visit to the District Court is often akin to a visit to the MVA. The waits are long, the rooms crowded, and you are often told to return, again, on a later day. Soon, many conferences and hearings will be held by video participation.  What remains to be worked out is whether persons without internet or a computer may still participate in person, or whether this innovation has created another practical impediment to court access for some.
  
• Electronic filing for appeals- Three of Maryland's largest jurisdictions are Baltimore City, Prince George's and Montgomery Counties. They are not yet set up for electronic filing. Appeals to the courts in Annapolis are thus not done electronically. That has been changed.  While filings in the Circuit Courts must still be mailed or hand-delivered, appellate filings to the courts in Annapolis will be via the on-line portal.  This is a modest improvement, but a step toward uniform efficiency.
  
• Remote video depositions- The current rules of procedure do not contemplate remote participation via video. Taping is routine, but it still requires gathering in one location. The conduct of remote discovery can add efficiencies to litigation, while also adding complexities that drive up costs for litigants. It also creates opportunity for shenanigans, where remote deponents may be secretly coached or manipulated by off-camera persons or devices. 

We will help you manage these innovations, and move your cases to the swiftest conclusion our system will allow. Changes must be made, and they will breed additional modifications in how we conduct your cases. We will adapt and grow with them. As the CEO of Uber reminds us, "ultimately, progress and innovation win."

Tale of the Tape

            Did the ball cross the plane?  Did the shooter have his foot on the 3 point arc?  Was it a homerun or a double?  Let’s go to the video.  At least, that’s how it works in the arena of professional sports.  And we justify the effort it takes to catalogue every minute detail because there’s so much at stake!  A touchdown, a point, a run—in the end, affect the outcome of the match, and the fate of our team.

            So why not devote the same effort to cataloging your encounters with the police?  Are your civil liberties less valuable than a three-pointer?

            In Rialto, California (a city about 1/6 the size of Baltimore), the police department has begun experimenting with cameras attached to the glasses, cap, or collar of individual police officers.  The cameras are “activated” during any interaction with citizens.  After a year, the experiment showed that the incident of citizen complaints of police misconduct decreased by 88%, and the incident of police using “force” on citizens decreased by 60%.   The conclusion—police and citizens alike act differently when they know their actions are being recorded.

            Many police officers are uncomfortable being recorded.  Many will bully onlookers into shutting off cameras to prevent accounts of police misconduct from being memorialized.  Just look on YouTube.

            The reality is that many criminal cases come down to a “he said, she said” between the arresting officer and the accused citizen.  Sadly, the credibility of a sworn police officer often trumps the credibility of someone accused of a crime by default.  (“He told me I could search the car.” “No, I didn’t.”)  But when there’s a recording of the interaction—the game changes.

            In Maryland, it is perfectly legal to take audio or video recordings of police interactions with citizens.  You may not interfere with the police (“can you move over here to get in the light?”), but you may (and should) document your interactions with them as often and as thoroughly as possible.   So next time you’re pulled over, just flick your phone over to “voice record” and leave it on the dashboard.  Or if your friend is being accosted by the police, record it.  Worst case scenario, you delete the file.  Best case, you have solid evidence of constitutional violations that prevent you or your friend from being wrongly convicted.