Access to justice with dignity and speed is the mission of the Massachusetts Trial Court. People involved in court processes cannot choose not to attend. The pandemic forced all courts to respond immediately in service to the public. Each Trial Court Department handles specific statutory case types. Given the nature and complexity of the Juvenile Court Department child welfare and juvenile justice matters, there is a heightened sense of urgency to hear these cases to ensure the safety and well-being of children at risk of abuse or neglect and to protect the rights of parents.
The courts responded quickly, pivoting to a remote platform. Our emergency proceedings, such as temporary custody hearings, were handled virtually soon after the state of emergency was declared by Governor Baker. The Trial Court had to expand and enhance its delivery of justice to our communities, and much of what we learned in practice continues to serve the courts and our constituents well.
Our community of child-serving stakeholders, advocates for children and families, educators, attorneys, public and mental health providers, and others were able to readily collaborate on processes and best practices on virtual platforms. The Juvenile Court effectively performs its public service responsibilities by way of this multidisciplinary effort.
In the justice system, it is generally preferable to be present in court with counsel. We have learned from this experience that 21st-century technology offers remote access to justice alternatives. The formality and dignity of the courtroom setting may be somewhat challenged on a virtual platform, yet it provides for judicial decisions thoughtfully and expediently and protects all parties’ right to be heard.
As a result of what we learned, presiding justices now are given the discretion in consultation with counsel, with some exceptions, to conduct court hearings in person, virtually or hybrid. Equitable access to justice remains at the forefront of any decision regarding delivery of justice here in Massachusetts and nationally.
Images from top: Getty Images, Michael J. Clarke
Courts were forced to operate in a virtual world during the pandemic. What are some of the lessons learned from that experience?
COURTS
Vice Chair of Suffolk University’s Board of Trustees and Chief Justice of the Massachusetts Juvenile Court Amy L. Nechtem JD’85 has overseen the administration, policy, management, and operations of the Massachusetts Juvenile Court Department since 2014. Prior to that, she spent 13 years as a juvenile court judge. She will complete her second five-year term as chief justice in 2024. Chief Justice Nechtem was awarded the 2021 Children’s Bureau Champion Award by the U.S. Department of Health and Human Services Administration for Children and Families. The award recognizes her judicial leadership and outstanding commitment to children and families.
Interview by June Bell
Vice Chair of Suffolk University’s Board of Trustees and Chief Justice of the Massachusetts Juvenile Court Amy L. Nechtem JD’85
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