COVID-19 has brought many changes to the legal system. The most complex changes are occurring in the criminal practice area, where open hearings are guaranteed by the constitution. The right of an open courtroom, examination of witnesses by the prosecution and defense counsel, confidential communication between counsel and client, and findings by the court and juries, are all essential to this process. Safety precautions imposed by the court often run contra to these rights. This article discusses many of the problems in this area.

Let’s begin with the ability of defense counsel to be able to practice in an open court. This is the last stronghold of our rights under the constitution. Some commentators say it is the last stronghold of our freedom. Restrictions to this right will carry a price. The criminal defense practice depends upon the skill of the defense attorney to get information and use it in various forums. For example, an argument made in a court in Philadelphia County may not be effective in a court in Delaware County or in a federal court in Allentown. Rob Donatoni, an experienced criminal defense attorney, said, “Going into a courtroom and evaluating witnesses, jurors and judges, is what I am hired to do. Each court is different. Jurors, witnesses and judges wearing masks have a significant effect on my efforts in that fact-finding process.”

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