The Supreme Court of Appeals reigns as West Virginia’s highest court, hearing appeals from cases decided in circuit courts. Cases include criminal convictions on appeal from magistrate court and administrative agencies. West Virginia is one of only 11 states with a single appellate court, this one encompassing 55 counties and 100 courts. The Supreme Court of Appeals of West Virginia ranks as the busiest appellate court of its type in the country, scheduling 100,000 to 150,000 first appearance hearings a year.
Kristin DeProspero, State and Local Government Market Director, and Grants and Funding Director, Polycom, Inc.
Kristin DeProspero, State and Local Government Market Director, and Grants and Funding Director, Polycom, Inc.
West Virginia technical staff explored using videoconferencing because the regional jail system was spending millions of dollars transporting inmates for initial courtroom appearances. On average, it took 4 to 9 staff hours to transport a prisoner from the jail to the magistrate court for a first appearance hearing. Within the first year of use, videoconferencing saved the state $30 million in transportation costs.
“We needed technology that would make the judicial process more efficient,” said Deputy Director for Technology for the West Virginia Supreme Court of Appeals Kit Thornton. “Polycom offered a robust solution easy enough to use for courtroom officials and jail staff.”
Building the Courtroom of Tomorrow
When the court system first integrated Polycom equipment, the state had no videoconferencing operators on staff and few judges/magistrates were trained on the technology. The court needed a teachable interface and a technical team to manage integration.
The technical team consisted of Billy Blake, a Verizon network integrator, Kit Thorton, Esq. (now deputy director for technology for the Supreme Court of West Virginia), and Fletcher Atkins, (manager of support services). Judge Dan O’Hanlon also played a valuable role in the program, adding direction and funding support, vision, and outreach across the state. The team worked together to develop the network, train staff, and troubleshoot installations.
The state readily accepted the Polycom proposal for the Supreme Court because of the quality of Polycom’s IP system. End-user training, however, raised concern from attorneys and court officials. The image of a judge or magistrate is held in high regard. If a judge cannot use the technology without interruption or flawless interface every time, he or she will refuse to use it.
“Court systems have to use a proven technology backed by a responsive company that will understand unique needs,” said Thornton. “Polycom provides this reliability. The interface is intuitive and service and repairs are performed quickly.”
“Polycom’s solution has far exceeded our expectations,” said Blake. “I only hear praise from end users about how easy the Polycom equipment is to use.”
Uses for Videoconferencing
The network supports approximately 100 Polycom units connecting nine regional jails and 55 counties throughout West Virginia. Supreme Court technical staff rolls out equipment weekly and plans to add 60-70 units in the next year.
“Every interaction affected by distance now uses videoconferencing—jails, courts, schools, city hall,” said Thornton. These include:
Initial appearance hearings;
Civil trials—which may include expert witnesses;
Family courts—used when one family member is incarcerated;
State Supreme Court—uses videoconferencing for continuing legal education classes at 30 sites;
Town meetings—allows community members better interaction with the state’s legislative branch;
Education—parole officers use videoconferencing for interviews; and
Testimony—allows sexually-abused juveniles to testify under statutorily established rules without coming in contact with the defendant. This option provides emotional security and has proven successful in the circuit courts.
Other Considerations
For anyone considering the creation of similar courtroom interactions, the technical staff of the West Virginia Supreme Court recommends the following:
Training. Use a trainer, not a technical person, to teach end-users how to operate the equipment. In court-specific applications, consider using a judicial official or court-experienced attorney as your primary contact/chief trainer.
Focus on end-users. Include an end-user in your planning and implementation stages. This helps ensure your training and usage messages are targeted appropriately.
Technical support. Technicians have to understand the technology must be available 24/7. Disruption of a court’s schedule is an unforgivable sin in the eyes of many judges.
Communication. The entire staff needs to understand the political and social environment of the courtroom. Technical staff must be trained, and frequently reminded of the unique culture—political and personal—that surrounds the judicial system. Judges will not tolerate being, in one judge’s memorable phrase, “Condescended by a button-pusher.”
Proven reliability. When selecting a technology, look for leading-edge solutions but not the bleeding edge equipment. Proven reliability is most important, not trendy equipment.
Buy-in. Any kind of change, particularly technology, will face resistance. Focus on areas with least resistance and build support. Word-of-mouth will generate support in harder-to-convince areas.
Single project lead. Select one person who will be in charge of the entire project. A committee will create confusion. The head of the project must have, and maintain, the trust of the end-users, especially judicial officials.
About the West Virginia Supreme Court of Appeals
The Supreme Court of Appeals is West Virginia’s highest court and the court of last resort. West Virginia is one of only 11 states with a single appellate court. The Supreme Court of Appeals of West Virginia is the busiest appellate court of its type in the United States.
The five Supreme Court justices hear appeals of decisions over all matters decided in the circuit courts, including criminal convictions affirmed on appeal from (Circuit) court and appeals from administrative agencies. Workers’ compensation appeals are unique, and are appealed directly to the Supreme Court from the administrative agency. The Supreme Court justices also hear appeals of decisions decided in family court if both parties agree that they will not appeal directly to the Circuit court. For more information, see the West Virginia Court System Website: http://www.state.wv.us/wvsca/
