Snapshot Improving Court Appearance Rates

Most people don’t miss court on purpose. A recent study in Harris County, Texas, interviewed defendants about reasons for nonappearance. They mentioned transportation trouble, work conflicts, family emergencies, simply forgetting and various other reasons that did not include intentionally missing court.  

Missing court can lead to a warrant, a suspended driver’s license or jail time. Nearly every state authorizes new criminal charges for nonappearance, including felony level charges if the underlying offense is also a felony. Most states also authorize or require issuance of a warrant and suspension of driving privileges.  

It is difficult to navigate court without a lawyer. At least one study shows that having an attorney present can reduce pretrial detention, yet about half of the counties across the country do not provide access to a lawyer at bail hearings. Access to holistic defense, including connections to services and treatment, can also have an impact on appearance and overall success.  

Court hearings can be held virtually. Nearly every state has authorized courts to use audio-visual technology for some kinds of court appearances. Virtual appearance can address barriers like lack of transportation, to improve attendance and also result in a better overall experience for defendants. 

Court reminders get people to come to court. Simplifying information and sending reminders can significantly increase appearance rates. E-reminders can be a more reliable and cost-effective way of reaching people than mailed reminders. 

Colorado enacted legislation requiring state courts to implement a court reminder program. Participating courts are required to notify defendants of the opportunity to provide a mobile phone number to be used by the court for the sole purpose of providing reminders for future court dates and to send notice of unplanned court closures. The program was expanded statewide for all defendants through subsequent legislation.  

Florida courts have been encouraged by the state supreme court to “take all necessary steps to support the remote conduct of other trial court proceedings with the use of technology” in order to free up physical courtroom space for trial court proceedings that must be conducted in person. This is in line with efforts in other states to increase access to courts and reduce barriers through continued use of technology. 

Minnesota enacted legislation addressing failure to appear in response to a court issued summons, authorizing courts to issue a “sign and release” warrant. The sign and release warrant does not require defendants to post bail or comply with any other conditions of release. It also does not authorize the arrest of the defendant. When a law enforcement officer encounters a defendant subject to this type of warrant, they must inform them that they missed court and provide new notice that includes a time to appear.  

Michigan enacted legislation so the state no longer suspends licenses for missing court on certain low-level traffic offenses. Reinstatement fees were waived for a person whose driver's license was suspended, revoked or restricted for reasons no longer authorized by state law. The state also had to immediately reinstate a license that was suspended, revoked or restricted for reasons no longer in law. 

New Jersey’s state administrative office of the courts established a directive creating a statewide process for handling outstanding municipal court bench warrants. All defendants, except those charged with domestic violence, who are subject to a municipal court bench warrant with a bail amount of $500 or less and unable to post bail, are to be released on any amount of bail that can be posted or on their own recognizance. Law enforcement officers have the authority to immediately release defendants under this directive as long as they verify the defendant has appropriate contact information and is willing to sign a recognizance release.