New: COVID-19 has pushed many courts online.

Lawyers have found that many of their clients aren't getting a fair trial because of the digital divide.

Basic needs (like being able to talk to their lawyers privately) aren't available in virtual court. https://www.cnet.com/news/why-virtual-courts-put-defendants-at-a-disadvantage/

In New Jersey, an immigration court wouldn't allow for witnesses to testify virtually. That's pretty crucial if you need a family member to vouch for you staying in the country.

Courts said it's because they don't know how to verify identities online

https://www.cnet.com/news/why-virtual-courts-put-defendants-at-a-disadvantage/

Before the pandemic, judges and juries would hear arguments in a courtroom. Now, defendants are calling in from jail cells -- "It immediately gives the impression that this person has already been convicted."

https://www.cnet.com/news/why-virtual-courts-put-defendants-at-a-disadvantage/

There's also a long list of technical difficulties. Beyond bad connections and awful audio quality, here's a description of how frustrating it can be to share a video for hearings in NY: https://www.cnet.com/news/why-virtual-courts-put-defendants-at-a-disadvantage/

An immigration lawyer told me about a client seeking asylum, and her only way of attending her trial is using her son's tablet, which NYC provided for school.

She still doesn't know how to use it: https://www.cnet.com/news/why-virtual-courts-put-defendants-at-a-disadvantage/

Defendants also have no privacy. They can't talk to their lawyers separately like they normally would be able to, and when they're arguing from jail, they can often be overheard by other inmates talking about sensitive matters.

https://www.cnet.com/news/why-virtual-courts-put-defendants-at-a-disadvantage/