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R Street Institute Support for Funding to Modernize Virginia’s Court Reminder System

by Lisel Petis
Oct 1, 2026
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issues: Bail System Changes, Criminal Justice and Civil Liberties, Detention, Jails, Northeast, Pretrial, Prosecution, State Policy

October 1, 2026

The Honorable Abigail D. Spanberger
Governor of Virginia
Patrick Henry Building
1111 East Broad Street
3rd Floor
Richmond, Virginia 23219

RE: R Street Institute Support for Funding to Modernize Virginia’s Court Reminder System

Governor Spanberger:

I am writing to you today on behalf of the R Street Institute, which is a nonprofit, nonpartisan public policy research organization committed to free markets and limited, effective government. We tend to approach policy with a practical question: Is government using its authority and taxpayer resources as effectively as it can? We believe smaller, smarter government requires more than simply spending less. It requires identifying modest investments that allow government to perform its core responsibilities better and avoid unnecessary costs later. It’s for this reason that I want to express our support for a one-time appropriation of $1.5 million, followed by $150,000 annually, to improve Virginia’s Case Alert Subscription System (CASS) by automatically enrolling defendants in text-message court reminders while preserving their ability to opt out.[i]

This is a modest investment for a straightforward goal to get more people to court when they are scheduled for a hearing. Virginia already has CASS, which can provide electronic reminders about court cases, but the system currently depends on individuals taking proactive steps to enroll.[ii] Moving to automatic enrollment would allow the Commonwealth to make better use of infrastructure it has already built and put timely information in the hands of substantially more court users.

I also come to this issue as a former prosecutor. I know firsthand the frustration of preparing for a hearing, appearing in court, and discovering that the defendant simply did not show up. When that happens, there are many consequences. The judge, defense attorney, and court staff have also set aside limited time in already demanding schedules for a hearing that cannot move forward. For victims, a defendant’s absence can mean missed work, another delay, and renewed fear about where that person is and what may happen next. A warrant may be issued. Law enforcement may then spend time locating and arresting the individual. A jail may have to process and hold that person. Eventually, everyone may return to court to address the same case that could have moved forward the first time.

Research shows that most missed court appearances are not attempts to evade the law, but the result of forgetfulness or competing obligations.[iii] Even so, as a prosecutor, I saw firsthand how those absences disrupted the court process and diverted limited time and attention from other cases, including those involving people who posed genuine threats to public safety. Today, looking at the same problem from a policy perspective, I see something else as well: Taxpayers are paying for every unnecessary step in that process which adds up to a substantial sum.

An analysis by the Virginia Criminal Sentencing Commission estimates that missed court appearances resulted in thousands of custodial arrests every year.[iv] When the costs to law enforcement, courts, public defenders, prosecutors, and jails are considered together, preventable missed hearings are estimated to cost Virginia more than $3 million annually.[v]

Text reminders offer a practical way to address some of these missed appearances without creating a new government program or imposing additional requirements on defendants. Studies consistently find that reminder systems reduce failure-to-appear rates by 20 to 40 percent, with some reporting reductions as high as 60 percent.[vi] But even an effective tool has little value if few people use it. In states that require individuals to opt in, participation has been as low as 2 percent, leaving many eligible court users without reminders that could help them meet their obligations.[vii] That is why automatic enrollment is essential to realizing the system’s full benefits.

Opt-in programs place an unnecessary administrative hurdle between an existing government service and the people it is intended to reach. One former Virginia public defender told me it took him nearly an hour just to find where to sign up for court reminders online. Automatic enrollment allows courts to reach eligible users without requiring them to find and complete a separate registration process.[viii] Individuals who do not want the messages can simply opt out.

Automatic reminders also complement, rather than diminish, personal responsibility. Defendants remain responsible for appearing in court and complying with court orders. A reminder does not alter that obligation and a missed court date can still trigger a warrant and detention.

Virginia does not need to build this capability from scratch, as CASS provides an existing foundation. The requested one-time investment of $1.5 million, with $150,000 in annual support thereafter, would allow the Commonwealth to strengthen that system and make court reminders the default rather than a service that depends on people knowing to seek it out.

For these reasons, we support funding the transition of CASS to an opt-out court-reminder model. This is a targeted investment that can improve court operations, encourage compliance, conserve public resources, and help cases move through the justice system as intended.

If you have any questions or need any further information, please do not hesitate to reach out.

Thank you for your consideration.

Sincerely,

Lisel Petis
Policy Director, Criminal Justice & Civil Liberties
R Street Institute
lpetis@rstreet.org

[i] Lisel Petis, “Modernizing Virginia’s Court Notification System to Reduce Failure to Appear,” R Street Institute, Jan. 29, 2026. https://www.rstreet.org/research/modernizing-virginias-court-notification-system-to-reduce-failure-to-appear.

[ii] Supreme Court of Virginia, Case Alert Subscription System (CASS), available through Virginia’s online court information system. https://eapps.courts.state.va.us/ocis/landing.

[iii] “What Really Prevents Court Appearance?,” Crime and Justice Institute, February 2025. https://www.cjinstitute.org/assets/sites/2/2025/02/What-Really-Prevents-Court-Appearance.pdf.

[iv] “Virginia Pretrial Data Project: Findings From the 2023 Cohort,” Virginia Sentencing Commission, 2025. https://rga.lis.virginia.gov/Published/2025/RD922/PDF.

[v] Isabel Shapiro, “Preventable Missed Court Hearings Cost Virginia More than $3 Million per Year,” Pew Charitable Trusts, July 9, 2026. https://www.pew.org/en/research-and-analysis/articles/2026/07/09/preventable-missed-court-hearings-cost-virginia-more-than-3-million-per-year.

[vi] Alissa Fishbane et al., “Improving Court Attendance: the Essential Guide to Court Reminder Programs,” Ideas42, May 2025. https://static1.squarespace.com/static/69a60bc11cc1274bb0e0138e/t/6a10bd190dbc2f11a0a599f3/1779481881972/The-Essential-Guide-to-Court-Reminder-Programs-ideas42.pdf.

[vii] “States Underuse Court Date Reminders,” Pew Charitable Trusts, May 12, 2025. https://www.pew.org/en/research-and-analysis/issue-briefs/2025/05/states-underuse-court-date-reminders.

[viii] Lisel Petis, “Why Every Jurisdiction Should have Automated Court Reminders,” R Street Institute, Oct. 14, 2025. https://www.rstreet.org/commentary/why-every-jurisdiction-should-have-automated-court-reminders.