2020 State of the Court Report

Ensuring Access to Justice With review and guidance provided by the San Bernardino County Department of Public Health, SBSC gradually restored most services in just 75 days, on May 29, 2020, from partially closing due to the COVID-19 pandemic.

During those 75 days, judicial, executive and staff leadership created a strategic plan and roadmap to reopen by location and case type, which included identifying priority matters by statute and re-routing the public to remote options to reduce the total footprint in courthouses to mitigate the spread of COVID-19. Despite being historically underfunded, reaching only 70% of the workload funding need this past year, SBSC managed to implement a variety of remote options to reduce public contact and keep people safe. These included audio-streaming for media and public access to court hearings, remote video settlement conferences, and the use of CourtCall for remote appearances for scheduled matters. Mediators and court investigators also utilized remote video technology which allowed for continuity of services. Although the Centers for Disease Control and Prevention (CDC) recognizes that buildings cannot be easily reconfigured to accommodate six feet of distance between people, SBSC did an extraordinary job with floor and poster signage, building occupancy limits and plexiglass where needed to ensure compliance and also additional protection between the public, judicial officers and court staff. Conducting jury trials among fears of COVID-19 was a true reality for most courts, including SBSC. To conduct fair and effective trials while keeping jurors, litigants and court staff safe from infection, SBSC implemented a number of safety protocols learned early on. These include limiting jury trials to those with statutory priority (e.g., time limits, etc.), limiting the total number of jury trials set for calendar and those that qualify under other compiling factors (CCP § 36). Court leadership also found solutions to the traditional methods of conducting jury pooling, which would allow large groups of potential jurors to be called in for jury service. In December 2020, SBSC secured spacing needed to accommodate six feet of social distancing at Victor Valley Community College in the High Desert. Having alternative space available, allows the court to keep the public and court staff safe while ensuring proper and timely case adjudication.

Additional reengineering processes for jury in response to COVID-19 included a web-based juror hardship and exemption process completed from the safety of your own home. This new streamlined process over the web allowed for the public to communicate with court staff without coming into court or enduring long hold times over the phone. Through this convenience, jury staff found significant success and the public received prompt response with this web-based program. For most cases, hearings were streamlined and remote appearances were highly encouraged for both parties and attorneys using CourtCall or another similar software program. Live audio streaming commenced on July 20, 2020, allowing members of the public to listen to live court proceedings using the Zoom mobile app or touch tone phone. Livestreaming rolled-out countywide on August 20, 2020, and later upon request only for all proceedings to maintain public access during the COVID-19 pandemic. SBSC announced the launch of Remote Video Settlement Conferences to help move cases forward and help avoid significant backlog. This no-cost program, which launched on July 15, 2020, encouraged litigants and attorneys to utilize this alternative method to resolve their civil dispute and avoid coming to court in-person. Through partnership with San Bernardino County, virtual mediation was provided by the Inland Fair Housing Mediation Board to litigants with small claims and landlord tenant cases at the Barstow, Joshua Tree and Fontana Courthouses. Direct Access to Self-help (D.A.S.H.) launched in 2020 after a multi-year development project funded by the Judicial Council’s Innovation Grant Program. The online portal allows self-represented litigants to communicate directly with Self-help staff, complete and submit forms for review, register for workshops, and track the status of their active case. The online portal is also accessible via mobile phone and the live chat feature allows the public to communicate directly with self-help staff easily.

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