 |
| Anne Stotler |
In late August, President Donald Trump signed Executive Order No. 14342, which threatened to cut federal funding to jurisdictions that have eliminated cash bail.[1]
Supporters of cash bail claim it ensures people return to court — but there's little evidence it works.[2] What does work is far simpler: sending people reminders before their court dates.
Preventing missed court dates is important for more reasons than one. A single missed court date, even for a low-level charge, can have devastating consequences for individuals — from potential warrants, arrests and jail time, to jeopardizing employment and access to safety net benefits.
Missed court dates are also costly. On average, each missed hearing costs the legal system approximately $1,500.[3] And it's estimated that 20% to 50% of court dates are missed.[4] Each year, missed dates cost the average jurisdiction tens, if not hundreds, of millions of dollars. Missed court dates also lead to snowballing backlogs and increased workloads for court staff who are already stretched thin keeping courts running.
In a Law360 guest column last year, we highlighted two evidence-based tools available to courts looking to increase appearance rates: (1) flexible scheduling of court dates, and (2) grace periods after missed court dates. Now, we're highlighting a third solution that many courts are adopting to boost appearance rates: court date reminders.
Reminders have become ubiquitous in many areas of our lives: doctor's appointments, restaurant reservations, car tuneups, etc. We rely on timely reminders because we lead busy lives, and it's hard to keep track of all our commitments and responsibilities.
Courts are starting to recognize that, just like with other appointments, people don't miss court intentionally or because they're being irresponsible. They miss court because it's hard to remember a distant court date, or they're juggling a court date with other responsibilities like work and child care.[5] Sometimes, people don't even know they have a court date.[6]
Instead of pointing fingers, courts are pioneering the use of reminders to reduce missed appearances — and it's working. Reminders have been tested in courts around the country and have been shown to reduce nonappearance by up to 40%.[7]
Reminders reduce missed appearances and save courts millions — when done right.
Reminders can be a powerful tool, but not all reminders are equally effective. The right message sent to the right people at the right time can have extraordinary and cost-effective benefits across society.
By following best practices, courts can ensure their reminder programs have the greatest impact on appearance rates.
Sending Reminders to the Right People at the Right Time
To have the greatest impact, courts should send reminders to everyone with a pretrial case, before all court dates. For instance, Kentucky's Department of Pretrial Services enrolls everyone who is released pretrial — not just those on supervision — in its reminder program.
Reminders are also most effective when they're repeated — for example, text reminders sent seven days, three days and one day before a court date — but even one reminder can make a difference.
Courts should also send notifications after a missed court date, including clear instructions on how to resolve the nonappearance and avoid or clear a warrant. This ensures that people are aware they missed court and empowers them to take action.
Courts should collect contact information early, because the first court date is often the most missed,[8] and update it regularly, because contact information can change during the life of a case. Partnering with police and jails makes it possible to collect contact information as soon as someone enters the system.
Automatically enrolling everyone to receive reminders, instead of requiring them to sign up, helps them make it to court even if they are unaware of the program or its benefits. When Colorado's court system switched from opt-in to automatic enrollment, reminders quadrupled and appearance rates likewise increased.[9] People should always have the option to opt out after being signed up, but typically, very few people do.
When sending reminders, courts should use as many delivery methods — text, email, mail — as feasible. Even if text and email are out of reach, simple mailed notices still have an impact.[10]
When it comes to technology platforms, courts have many options and should consider which is the best fit for their needs.[11] Reminder programs should be implemented at the highest level possible — ideally, statewide — but local courts can act independently when needed.
Sending the Right Message
Finally, courts should include content that has been shown to increase appearance rates. Research shows that the most effective reminders clearly state the consequences of missing court, which helps people accurately weigh the future consequences against any immediate hassles they face getting to court, like missing work or finding child care.
Prompting people to plan for how they'll get to court, including rescheduling other commitments and considering travel time, boosts their likelihood of following through on their intention to attend.[12] And ensuring messages are clear and concise, without court jargon, also increases understanding.
For messages sent after a missed court date, providing reassurance that people won't be arrested for the nonappearance reduces fear and encourages them to return to court.[13]
It's time for courts to embrace reminders.
Missed court dates are commonplace now, but they don't have to be. Instead, reminders should become the norm in courts — just like in the rest of our lives.
To make a dent in missed court dates, courts should turn to proven approaches. Reminders are a straightforward, affordable and evidence-based tool that courts can leverage to cut down on missed appearances and their devastating consequences.
The path to better court attendance and stronger communities has never been clearer.
Anne Stotler is a principal behavioral designer at ideas42.
"Perspectives" is a regular feature written by guest authors on access to justice issues. To pitch article ideas, email expertanalysis@law360.com.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of their employer, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
[1] https://www.whitehouse.gov/presidential-actions/2025/08/taking-steps-to-end-cashless-bail-to-protect-americans/.
[2] https://reason.org/commentary/president-trumps-executive-orders-threaten-cities-and-states-that-allow-cashless-bail/; https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2818885; https://www.brennancenter.org/our-work/research-reports/bail-reform-and-public-safety; https://www.prisonpolicy.org/blog/2023/07/06/bail-reform.
[3] https://www.ideas42.org/wp-content/uploads/2025/05/i42-1530_RemindersRpt_Final.pdf, pg. 1.
[4] https://onlinelibrary.wiley.com/doi/abs/10.1111/1745-9133.12610.
[5] https://www.ideas42.org/wp-content/uploads/2018/03/Using-Behavioral-Science-to-Improve-Criminal-Justice-Outcomes.pdf.
[6] https://www.ideas42.org/wp-content/uploads/2021/02/scifta.pdf.
[7] https://onlinelibrary.wiley.com/doi/abs/10.1111/1745-9133.12610.
[8] https://www.ideas42.org/wp-content/uploads/2025/05/i42-1530_RemindersRpt_Final.pdf, pg. 3.
[9] https://www.ideas42.org/wp-content/uploads/2025/05/i42-1530_RemindersRpt_Final.pdf, pg. 6.
[10] https://www.ideas42.org/wp-content/uploads/2024/08/Sacramento_Brief-Aug2024-1.pdf.
[11] More guidance on the pros and cons of different options is available in our Essential Guide to Reminder Programs, pgs. 15-20.
[12] https://www.ideas42.org/wp-content/uploads/2018/03/Using-Behavioral-Science-to-Improve-Criminal-Justice-Outcomes.pdf.
[13] Check out the Essential Guide to Reminder Programs for more in-depth guidance and examples of effective reminder content.