As we touched on a little bit last week during our story on Elizabeth Holmes, the court system is trying to figure out the best way to have essential court cases proceed amid the COVID-19 pandemic. Holmes argued that she can’t put forth the best defense with social distancing preventing her from meeting with her legal team, and now a similar but possibly scarier situation is unfolding here in Minnesota.
Last week, we read a story on KSTP.com that detailed how numerous criminal defense attorneys in Minnesota felt that they were unable to provide the best defense for their clients because of how the state court system is handing the pandemic. According to defense attorney claims, they don’t have the same remote access as prosecutors and judges. One defense attorney said they often have to rely on notifications and hyperlinks in order to get the same access to files, and if they miss them, their clients can suffer.
Prosecutors shot back at these claims of unfairness, saying nothing has changed as far as remote access and that the current system has been in place since 2007. However, the part that prosecutors are neglecting to acknowledge is that it is much more difficult for defense attorneys to access these files amid COVID-19. Before the outbreak, defense attorneys could access the system by going down to the courthouse and requesting files. However, many courthouses are closed or have restricted hours, so it’s much harder for defense attorneys to access this information on their own. Instead of opening up the system to provide defense attorneys with fair access in the wake of COVID-19, prosecutors seem keen on making it harder for defense attorneys to do their job, which only serves the prosecution’s interest in earning a conviction.
Motion Denied
A group of defense attorneys petitioned the Minnesota State Supreme Court to allow them to have the same remote access, but the request was denied by Chief Justice Lorie Gildea.
However, not all prosecutors are dead set on denying equal access to defense attorneys and their clients. In another article posted on KSTP.com this week, Assistant Washington County Attorney Marc Berris sided with defense attorneys and called for changes.
“I think it needs to change,” Berris said. “Obviously, attorneys employed by the government have unfettered access to court files and the documents that are in them and private practice attorneys do not. I would say it is both unequal and unfair.”
The group of defense attorneys is now considering filing a federal lawsuit in another attempt to gain remote access. Hopefully their request is granted, because citizens deserve a fair shot at the criminal justice system, and right now the deck is stacked against them.
