Wisconsin Court Addresses Virtual Hearings: When Is Zoom Not Enough?

A recent Wisconsin Court of Appeals decision provides important guidance on defendants’ rights to be physically present at competency hearings. This ruling has significant implications for criminal defendants and their attorneys, especially as courts continue to utilize virtual proceedings.

The Court’s Decision

In a recent case, the Appeals Court tackled a crucial question: Does conducting a competency hearing via Zoom violate a defendant’s rights? While the court found that yes, it does violate the statutory right to be physically present, they also determined this violation doesn’t automatically invalidate the proceedings.

Key Points from the Decision

The court’s analysis centered on several important elements:

• Wisconsin Statute § 971.04(1) guarantees defendants the right to be physically present at certain proceedings
• Virtual attendance, even through high-quality video conferencing, doesn’t satisfy this requirement
• However, violations of this right are subject to “harmless error” analysis
• If the virtual format doesn’t substantially impact the fairness of the proceedings, the outcome may still stand

What This Means for Criminal Defendants

This decision has significant practical implications:

1. Defendants have a clear right to be physically present at competency hearings
2. Courts should not casually substitute virtual appearances for physical presence
3. Objections to virtual appearances should be made clearly and promptly
4. The impact of virtual proceedings on fairness will be evaluated case-by-case

Protecting Your Rights

This decision underscores the importance of:

• Understanding your rights regarding court appearances
• Making timely objections to virtual proceedings when appropriate
• Ensuring effective participation in hearings, whether physical or virtual
• Having experienced legal representation to protect your interests

Moving Forward

As courts continue balancing efficiency with defendants’ rights, understanding when and how to assert your right to physical presence becomes increasingly important. While virtual proceedings may be convenient, they shouldn’t come at the cost of fundamental legal rights.