As a self-proclaimed tech-geek, I have embraced technology in the courtroom wholeheartedly. Recently, I had the opportunity to conduct a traffic infraction trial by video (I will refer to it as a traffic video trial or “TV trial”). Inter-active two-way audio visual equipment in the courtroom isn’t new, courts have been conducting hearings via closed circuit television for years. What is new is the ability for anyone to have inter-active two way audio/visual communication due to the increasing ease of connectivity and decreasing equipment costs.
The genesis of our TV trial was a request by a local attorney to allow his truck-driving client in Texas to appear via video so that he didn’t have to drive to Indiana. I was sympathetic to the client’s plight, and I told the attorney it was ok with me if it was ok with the State of Indiana. The State agreed and we went to trial. After a slight delay in confirming the Defendant’s Skype™ address, we were able to contact the Defendant at his home office. The deputy prosecutor, the Indiana State Trooper, and the Defendant’s attorney all gathered around my bench so that they were in the field of view of the camera and we had our bench trial. The State presented evidence, defense counsel cross-examined, and the Defendant testified. We had zero communication issues. I was able to see and hear the Defendant perfectly, he was able to see and hear the court and the witnesses as well.
Even though the TV trial did go smoothly, I did have a belated thought, “I sure hope that was legal.” Happily, it appears that my TV trial was permitted by Rule 14 of the Indiana Administrative Rules. Rule 14 governs the use of audio visual equipment in the courtroom and it provides in relevant part: With the exception of criminal proceedings involving the right of confrontation or the right to be present, a trial court may use . . .
. . . subject to: (1) the written consent of all parties entered on the Chronological Case Summary, or (2) upon the trial court’s finding of good cause . . . . The rule suggests that in finding good cause the court should consider the ability of the witness/party to be physically present; the potential effectiveness of cross examination; the complexity of the proceedings; the importance of the proffered testimony; and the ability to observe the demeanor of the witness for credibility purposes. In our TV trial we had both agreement and good cause.
TV trials present an excellent opportunity for long distance defendants or witnesses to have their say and/or day in traffic court. It saves everyone involved time and money. Defendants need not forgo their right to a trial and admit the allegation simply due to the hassle of driving back to our wonderful State. Both the State and Defendant may be able to call witnesses that otherwise would not be able to testify while the events are still fresh in the witnesses mind. Of course issues will arise, and not every infraction trial is appropriate for TV, but in this case it was a positive experience.
For those interested in the more technical aspect of the trial, I used a TelyHD™ Skype™ Web Cam. www.tely.com/products/#telyHD (visited December 4, 2014)
This webcam is a standalone unit that contains an HD camera, 4 built-in microphones, two speakers, Skype™ software, and assorted HDMI (high definition) and USB ports. The webcam cost about $250 and the installation was simple. I perched the device on the top of one of our two 70” LCD televisions, secured it with hook and loop tape, connected it to the internet via an Ethernet cord (it also has a wireless option), connected it to the TV via an HDMI cord, plugged it into a power outlet, and powered up the unit. Setup is relatively easy. After using the system for awhile, I added a TelyHD™ remote speaker and microphone ($150). If anyone is interested in using this or similar technology, for a low consulting fee (a cheap lunch or tips on good fishing spots) I would be happy to help you figure out something for your courtroom.
Judge Riggins may be contacted at (317) 392-6340 or [email protected].
Photo @istock.com/Erikona