Category: state courts

COVID-19 and the courts: Where we are and where we might be going

A glance at the recent developments, and what to look for in the future.

It has been about seven weeks since the coronavirus pandemic began to affect state and federal courts in the United States. At this point, it seems worthwhile to set out the ways in which courts have responded, both by adjusting their own operations and by reaching out to others in the external environment. We can also begin to consider which of the current changes might stick after the pandemic subsides.

Hearings and transparency. Many state court systems have proven remarkably agile at moving in-court proceedings to telephone and videoconference platforms. Both trial and appellate courts are now holding regular hearings via Zoom (although some lawyers apparently need a reminder about appropriate dress). At least one state court has even conducted a full bench trial by Zoom. The federal court system has also made impressive strides, albeit with a bit more reluctance. In late March, the Judicial Conference of the United States authorized the Chief Judge of each federal district court to permit selected criminal hearings within the district to proceed by videoconference. Federal appellate courts have also begun conducting criminal hearings by videoconference. And the United States Supreme Court announced that after a coronavirus-induced hiatus, it would hear a handful of regularly scheduled oral arguments by telephone beginning in May. Continue reading “COVID-19 and the courts: Where we are and where we might be going”

The latest on state appellate arguments by videoconference

This Law.com article has a nice summary of where state appellate courts stand on videoconferencing in the wake of the coronavirus pandemic. It focuses on courts in Georgia, but usefully points out where other states are in the process as well.

Judges face a new challenge: half-dressed lawyers on Zoom

The coronavirus crisis and consequent social distancing has spurred many courts to move their hearings to videoconference. In light of the circumstances, some courts have relaxed certain formalities for online hearings, including the donning of judicial robes. This is a sensible practice, especially since judges already take on a slightly more relaxed feel when meeting with counsel in chambers, or otherwise outside the courtroom.

But some judges in Florida are finding that stay-at-home casualness is affecting lawyers’ professionalism a bit more starkly:

Broward circuit judge Dennis Bailey described some of what they’re seeing from the bench.

“It is remarkable how many ATTORNEYS appear inappropriately on camera,” Bailey wrote in a letter posted to the Weston Bar Associated website. “We’ve seen many lawyers in casual shirts and blouses, with no concern for ill-grooming, in bedrooms with the master bed in the background, etc. One male lawyer appeared shirtless and one female attorney appeared still in bed, still under the covers.

“And putting on a beach cover-up won’t cover up you’re poolside in a bathing suit. So, please, if you don’t mind, let’s treat court hearings as court hearings, whether Zooming or not.”

It would never occur to me in a million years to stop dressing professionally for a court hearing. It’s one thing to abandon complete formality (like a robe or a suit) in unusual circumstances like these. But it’s something altogether different to choose not to wear a shirt. Good grief.

Federal court delays trial in Alabama judicial election case

A federal district court has delayed the trial in a challenge to Alabama’s method to selecting state appellate judges. The trial, originally scheduled to begin in August, was removed from the trial list in light of complications posed by social distancing and the coronavirus.

The Arkansas Democrat-Gazette reports:

The lawsuit alleges that the state’s method of electing appellate judges dilutes the voting strength of black voters, in violation of the federal Voting Rights Act of 1965. The seven Supreme Court justices are elected statewide to eight-year terms, while the 12 Appeals Court judges are elected from seven districts, five of which elect two members.

Attorneys for the state asked Moody in August to dismiss the case, arguing that “justice should not be administered on the basis of race, and Section 2 [of the Voting Rights Act] does not require this court to fundamentally reshape the Arkansas judiciary.”

Attorneys for the plaintiffs responded that the Act was enacted for “the broad remedial purpose of ridding the country of racial discrimination in voting,” including state judicial elections.

The delay was necessitated because social distancing practices had severely hampered the parties’ ability to conduct discovery. The judge did not foreclose certain discovery practices from continuing, however, and has ordered the parties to meet electronically and work out a time frame for handing over certain election data.

A Voting Rights Act challenge to state judicial voting districts was also raised in Louisiana back in 2014, resulting a trial verdict for the plaintiffs.

Texas court orders new judicial election after ballot error

A Texas state judge has ordered a new election for the Seventh Court of Appeals, after Republican primary candidates were left off the ballot in two counties last month. The successful challenge was brought by incumbent Larry Doss, who lost the primary.

Amarillo attorney Steven Denny, who was originally the winner based on the March 3 results, said he was disappointed with the results but understood the court’s reasoning. Denny also said he is concerned about how the rescheduled date could disenfranchise voters who cast ballots in the original elections.

“Although 1,200 voters in those two counties did not get a vote on this particular race, it is entirely likely with the dismal turnout in runoff elections compounded with the COVID-19 scare that we could have fewer than 10,000 voters in the new election, which would disenfranchise the other 80,000 that voted in the original election,” Denny said.

With Wisconsin proceeding with its state primary today after an unsuccessful legal challenge to postpone in light of the COVID-19 crisis, it will be interesting to see how states and localities thread the needle of public health and election participation.

What does a court hearing by videoconference look like? Here’s an example.

Kudos to the Miami Herald for posting this story on the first Zoom hearing in a criminal case in the Miami-Dade court system. Most interestingly, the story includes an edited video of the hearing, in which the judge sat in the courtroom, the prosecutor on her home patio, and the primary witness in the front seat of his police SUV.

It is reassuring to see that the justice system is continuing to operate relatively smoothly under difficult circumstances. It is also comforting to observe how seriously some courts are taking their ongoing responsibility to provide transparent and accessible justice.

How coronavirus is affecting the courts — April 3 update

The novel coronavirus is affecting societies worldwide, and judicial systems are no exception. Here is a selection of the latest news and profile stories on how courts are dealing with the epidemic:

What is the state of Israel’s courts in the time of coronavirus? (Jerusalem Post)

Uncertainty looms over Supreme Court as lower courts transition to teleconferencing (Washington Free Beacon)

Federal Judge’s Sentencing acknowledges COVID-19 (Forbes) (a story about the sentencing of certain defendants in the “Varsity Blues” college admissions scandal)

COVID-19 and Online Dispute Resolution: It’s a Whole New World Out There (op-ed for the Connecticut Law Tribune)

7th Circuit suspends most paper copies to slow spread of COVID-19 (Chicago Daily Law Bulletin)

Previous roundup coverage here. And check the home page for additional discussion of coronavirus and the courts.

 

Consolidated information available on Massachusetts coronavirus guidelines

The Massachusetts courts have consolidated all of their COVID-19-related emergency orders and procedures into a single website, which can be found here. I am sure that other jurisdictions are doing something similar, but this struck me as a particularly helpful site for Massachusetts practitioners and litigants.

California Chief Justice given power to suspend laws in wake of coronavirus

An extraordinary story out of California: Governor gives Chief Justice broad powers, including suspending laws, during coronavirus crisis. A snippet:

[Governor Gavin] Newsom’s order, issued Friday, gives [Chief Justice Tani] Cantil-Sakauye extraordinary powers, including the right to suspend laws.

The law is filled with deadlines, many to protect the rights of criminal defendants. There are public access requirements and rules about how legal matters should be conducted.

The governor said on Saturday the executive order was designed to give the judicial branch the flexibility that its leaders had asked for.

“This will allow them the ability, in real time, to meet the needs of the criminal and civil justice system,” he said during a COVID-19 news conference in San Jose.

Cantil-Sakauye said she assured Newsom that the new powers would be assumed “with utmost care and judiciousness.”

She stressed they were temporary and needed to ensure “the justice system will be available to those most in need.”

These are extraordinary times, and it makes sense to help an overburdened justice system be more nimble. But my immediate reaction is that even for the short term, this is a dangerous reallocation of power.

Experiential diversity on the Supreme Court is a pipe dream — at least for now

Lawrence Friedman’s recent post lays out a compelling case for achieving educational and experiential diversity on the Supreme Court. He looks to the states for guidance, noting that courts of last resort at the state level frequently feature highly qualified justices who graduated from a wide range of law schools and who feature an extensive variety of practice experience.

It’s a tantalizing analogy, which works well in some states but doesn’t translate to the federal level. Still, there are glimmers of hope for more experiential diversity in future iterations of the Supreme Court. More below. Continue reading “Experiential diversity on the Supreme Court is a pipe dream — at least for now”