committee work – The Interdependent Third Branch

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”

Chief Justice makes new appointments to the Executive Committee of the Judicial Conference

Judge Claire Eagan (N.D. Okla.) is the new Chair, replacing Judge Merrick Garland. Judge Lavenski Smith (8th Circuit) also joins the Committee as a new member.

Committee work — it’s not just for academics

With the start of its new fiscal year today, the Judicial Conference of the United States announced the chairs of several of its internal committees. Some of the chairs are new, and others are current leaders who will be retained for another year. The full press release is here.

Although the announcement is relatively pedestrian, it provides a wonderful insight into the inner workings of the federal court system. The names of the committees themselves are suggestive of the range of work that takes place outside of the eye of the general public: The Committee on Information Technology, the Committee on Federal-State Jurisdiction, The Committee on Judicial Conduct and Disability, and the Committee on Space and Facilities, among others.

The Committees are headed by, and mostly populated by, federal judges — the same judges that are managing complex dockets, holding trials and hearings, handling emergency motions, drafting detailed opinions, sentencing convicted felons, and otherwise addressing the judicial work that flows into their chambers daily. The Chief Justice hand-picks each member of each Committee — not just the chairs — and asks each member to take on additional administrative duties for the good of the overall court system. And like all committee work, it seems, the most effective and efficient members are asked to stay longer and do more.

Professors notoriously complain about their own committee work, which takes them away from class preparation, research, and writing (not to mention family). But most still take on the work cheerfully for the good of their respective schools. Judges are no different, and their service in this area is commendable.

Congratulations to all the new chairs.