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Chicago Reader columnist Maya Dukmasova published an article on Wednesday, October 30, exposing the fact that, “for the first time in 16 years, Chicago eviction court is on tape.”

Chicago Appleseed & Chicago Council of Lawyers established a coalition that has continuously advocated the court to install a recording or reporting system in Cook County’s eviction courtrooms. In July 2016, we released a report and sent a proposal to the Administrative Office of the Illinois Courts (AOIC) outlining the necessity for recording devices in high-volume courtrooms as a means to both preserve respondents’ Constitutional right to an appeal and to bring accountability and transparency into the eviction courts. Initial conversations with the AOIC and the Office of the Chief Judge of Cook County were encouraging, as all parties claimed to be in agreement that recording equipment was badly needed.

The implementation plan identified July 1, 2019, as the date that the five non-jury eviction courtrooms at Daley Center were to begin recording and the technology was not fully installed until early September. Concerningly, the recording system was not up and running until last Friday, October 25. As the Chicago Reader article puts it:

On Tuesday, October 22, more than four months after installation of court recording equipment began in all five of the eviction courtrooms at the Daley Center, green lights were shining on the mikes but no recordings were being made…After the Reader inquired last week about when the equipment was expected to be fully functioning, the [Chief Judge’s] office confirmed that recordings finally began last Friday, October 25.

Apparently, the system had been “experiencing a technical issue that [was] preventing the digital recordings from being automatically downloaded,” which then prevented court reporters from being able to access the recordings and provide litigants with transcripts.

Without court recording or reporting, litigants – particularly pro se litigants – are at a significant disadvantage should they choose to appeal their eviction. The lack of an official record means that pro se litigants could be precluded from appealing, since the appellate court would be unable to review the trial court’s actions. Stenographers that transcribe in real-time or systems that record court proceedings, from which transcriptions can be produced, are necessary to ensure that all litigants have full access to their Constitutional right to appeal. What’s more, an automatically kept record of eviction proceedings is beneficial to all parties involved in the process. As stated in the article, a landlord’s attorney expressed that “everybody’s interests are protected when you have a record of what happened in court.” Without a record, both sides of the argument have no official means to draw attention to what happened at an earlier court date or to verify their understanding of prior hearings. 

Although there were substantial delays after our initial talks with the court, the success of this initiative cannot be understated.

The vast majority of defendants in Cook County’s forcible courtrooms are low-income tenants, most of whom appear in court without representation because they cannot afford an attorney and do not have access to organizations that may provide legal assistance for free or reduced costs. Data provided in Cook County suggests that there are stark differences in general outcomes for pro se litigants compared to respondents who have retained legal counsel—that these cases tend to end unfavorably for unrepresented tenants, “towards whom judges were usually less accommodating.” A Lawyers Committee for Better Housing study showed that approximately 53% of landlords and only 5% of tenants in Cook County eviction courts had legal representation; that landlords were not typically required to present every element of their prima facie cases for possession; and that the involved parties were sworn to truth only 8% of the time. Court recording can mitigate some of these disparities by serving as a mechanism to ensure that decisions are subject to oversight and review, while also facilitating said factual review as needed. In essence, digital recording improves procedural justice and equity in courts, even if the record is never transcribed or evaluated.

As we celebrate and continue to monitor the long overdue implementation of a nearly $370,000 eviction court recording system in Chicago, we should be reminded that more recording devices are needed in courts, both in Cook County and beyond, to ensure that all people – regardless of socioeconomic status, the ability to retain an attorney, or the courtroom they appear in – are provided equal access to justice. Chicago Appleseed & Chicago Council of Lawyers, with assistance from Chapman & Cutler and BMO Harris, have expanded our initiative. By working with Appleseed Network social justice centers around the U.S., we are examining what kind of feasible, low-cost initiatives can be implemented in the remaining Cook County courtrooms—as well as in other court systems across the country. 

Low-maintenance, low-cost court recording systems simultaneously improve access to justice while increasing the overall effectiveness of the court system. Our research shows that recording systems can be employed at a relatively low cost, estimating average start-up costs could range anywhere between $5,000 per courtroom, at the low end, to under $15,000 at the high end. Implementing these technologies will supplement, not supplant, existing court reporter resources, preserve appellate rights of self-represented litigants, and improve oversight of high-volume courtrooms. Keeping records of eviction proceedings fundamentally helps promote a fairer, effective, and more equitable justice system.