Judging at a Distance: The Effects of Remote Hearings during the COVID-19 Pandemic

COVID-19 lockdown restrictions forced several courts to conduct remote video or telephone hearings of cases. Many argue for the continued use of these hearing formats based on claims of increased transparency and access to justice. Recent research, however, has highlighted that virtual hearings may lead to unfair proceedings, especially in trial courts. Furthermore, this research suggests that technology gaps—for example, the lack of computer literacy among litigants—may impact case outcomes. In this article, we test whether the introduction of virtual hearings due to COVID-19 affected the way in which traffic courts adjudicated traffic tickets in Arkansas. Using an original dataset of all court cases that occurred in three Pulaski County courthouses in 2020, we find that courts were less likely to dismiss charges where hearings took place through videoconferencing. Further, using a difference-in-differences design, we find that this bias is mitigated when the technology used for the hearing is equalized among litigants. We suggest reasons for this effect and offer some recommendations to mitigate the biases inherent in virtual environments. Our results invite more research into the impact of remote communication technology on judicial behavior to ensure that the long-term use of virtual hearings guarantees equitable justice to all litigants.