Fri, Jan. 04, 2019
Chat with Court or Mandatory Presence?
CK • Washington. The German constitution grants courts flexibity in accommodating parties with special needs. Distance-chatting with the court instead of a physical presence falls outside of the constitutional bounds, however, the Supreme Constitutional Court in Karlsruhe announced with a January 3, 2019 press release and the simultaneous publication of its November 27, 2018 opinion in the matter 1 BvR 957/18.
The court found the accommodiations provided by the lower court sufficient: Advance submission of material, representation by counsel, and use of a computer in the courtroom to communicate via a chat-like protocol. Plaintiff's additional demand to chat with the court from his home would violate other constitutional principles, immediacy and transparency, and unduly stress the limited resources of the judiciary. Attorney Marian Härtel blogs about a similar case where an autistic client complied with the summons, appeared, and--due to illness-induced lack of control--became physically aggressive in response to statements from the opposing party: Gerichtsprozess via Internet-Chat.
CK • Washington. The German constitution grants courts flexibity in accommodating parties with special needs. Distance-chatting with the court instead of a physical presence falls outside of the constitutional bounds, however, the Supreme Constitutional Court in Karlsruhe announced with a January 3, 2019 press release and the simultaneous publication of its November 27, 2018 opinion in the matter 1 BvR 957/18.
The court found the accommodiations provided by the lower court sufficient: Advance submission of material, representation by counsel, and use of a computer in the courtroom to communicate via a chat-like protocol. Plaintiff's additional demand to chat with the court from his home would violate other constitutional principles, immediacy and transparency, and unduly stress the limited resources of the judiciary. Attorney Marian Härtel blogs about a similar case where an autistic client complied with the summons, appeared, and--due to illness-induced lack of control--became physically aggressive in response to statements from the opposing party: Gerichtsprozess via Internet-Chat.
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