Policy Change Will Let Federal Judges Give Public Live Audio Access to Courts

The Judicial Conference of the U.S., in a policy change adopted Tuesday, will permit federal judges presiding over civil and bankruptcy cases to give the public live audio access to non-trial proceedings that don’t involve witness testimony, said the conference. The change takes effect Sept. 22, immediately after the expiration of the temporary exception that the federal judiciary imposed when access to physical courthouses was restricted for health and safety reasons during the COVID-19 pandemic, said the conference. The exception allowed judges to permit remote audio access to any civil or bankruptcy proceeding, it said. The conference adopted the policy change on the recommendation of its committee on Court Administration and Case Management, it said. The committee “is exploring possible ways to further expand remote public access to civil and bankruptcy proceedings and examining concerns about the potential impact on proceedings involving witness testimony,” it said. The committee is studying whether remote public access to proceedings involving witness testimony “could increase the potential for witness intimidation or complicate witness sequestration,” it said. The policy change doesn’t extend to criminal proceedings, nor does it affect a judge’s current ability to allow parties and counsel to appear remotely by teleconference and videoconference, it said.