Don't pack away the cameras yet.
"Cantil-Sakauye's order on Thursday does not, though, mean the end of remote hearings. The state's legislature in September passed a law that will allow courts to hold civil proceedings remotely until at least July 2023."
https://lnkd.in/gXe67864
It's not really fair nor reasonable to expect judges to become IT experts and gatekeepers to the remote courtroom. Clerks and bailiffs have full-time responsibilities already, and not all are comfortable managing this level of technology.
One alternative, and a rather successful one, I might add, is parties stipulating to a third party Zoom host (or other platform), who can coordinate with court staff and counsel to help ensure a seamless experience, be it hybrid or fully remote.
Trivia Note: The term, "Technical Bailiff" was first used by Sarah E Murray during the Online Courtroom Project remote jury trial research project.
* Comment or DM me if you'd like a copy of a recent hybrid/remote Zoom Trial Court Order, described by James McMillan of National Center for State Courts as one of most well-written he's seen.
Since remote hearings appear to be a permanent part of the justice system, court systems should consider hiring “technical bailiffs” or other court staff. These positions would be responsible for setting hearing links, scheduling parties and addressing technical issues that arise during remote hearings. These positions could also be responsible for communicating with parties before the hearings to ensure that everyone knows what to expect during their hearings, has all the proper documentation available for the hearings and has an opportunity to have any questions answered.
Read more from NCSC's report about effectively conducting remote hearings: https://bit.ly/3BYlZPt.
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The following four emergency measures will be rescinded effective April 30. They were originally issued by Chief Justice Cantil-Sakauye on March 23 and March 30, 2020 to:
Allow courts to extend time to hold a preliminary hearing in a criminal case to 30 days. Courts have a 10-day time period to hold preliminary hearings.
Allow courts to extend time to bring civil cases to trial, by up to 60 days.
Suspend any California Rule of Court that prevents using technology to conduct judicial proceedings and court operations remotely.
Allow courts to immediately adopt proposed local rules or amendments that address the impact of the pandemic, without advance circulation for 45 days of public comment.
N O R M A L I T Y !
DEF: the condition of being normal; the state of being usual, typical, or expected.
"let's try to get some normality back in our lives"
https://lnkd.in/gmh5UTbZ
Maybe the final week of courtroom mask mandates? Some have dropped it already, some haven't quite yet. Things have certainly been different because of COVID, but getting closer to normal again.
NOTE: Hybrid and remote trials, arbitrations and hearings are here to stay, even with in-person proceedings resuming. Plan accordingly.
Mask mandates are ending, although masks are still required in the Los Angeles and San Francisco Superior Courts. Don't leave home without it!
Serif fonts are generally better for paper/printed documents, whereas sans serif are easier to view on screen. It seems counter to the move toward digital evidence to still push for a serif font. Maybe the Supreme Court Committee On Civil Practice should do a little research on web design and digital publishing; But then law hasn't always been on the cutting edge of technology. Thanks Robin Sammer Behn for sharing this, and interesting most of the comments are about font size, not style.
Goodbye Courier Font....
Hello, 14-point Times New Roman
The 2022 Report of the Supreme Court Committee On Civil Practice proposes a number substantial revisions to Part II of the rules, which govern appellate procedure.
The revised R. 2:6-10 finally recognizes that the typewriter is a thing of the past and that proportional fonts are not a mere subterfuge to squeeze more words into the same space.
Instead of 65-space lines of 12-point type, the familiar courier font, henceforth all briefs shall be in 14-point Times New Roman!
14-point is the shocking part for me.
"It's better to see you with my child" -- Wolf, Little Red Riding Hood.
How with this change your practice?
Will the state courts adopt the change?
I am all for it. How about you?
#DefenseDiva
#litigationattorney
#appellatelaw
#briefs
The Texas courts finding that it takes 1/3 longer for remote vs. in-person trials may hold water unless parties can stipulate and the Court allows a third party ("technology bailiffs" as mentioned in the article, such as Litigation-Tech Zoom & "Hot Seat" Provider) to handle the Zoom/remote platform hosting, courtroom videoconferencing equipment and evidence presentation, most of these "technology-related issues and lack of preparation" are non-existent. Of course, this comes as an added expense, but also results in significant savings in travel time and expenses.
Remote proceedings take about a third longer than in-person hearings largely due to technology-related issues and lack of preparation by participants, according to an NCSC exploratory study of Texas courts. But the study also found that remote proceedings take longer because they increase access to justice, as litigants can more easily attend and participate in hearings.
This first national review of data confirms what judges have anecdotally shared about remote hearings before and during the pandemic. The 12-month study analyzed both 1.25 million minutes of judicial data and focus group feedback from judges and court leaders in eight counties across Texas.
This was study funded by the State Justice Institute. Read more about this new report in this week's NCSC newsletter: https://bit.ly/3t39C0A.
LASC and many other CA Courts still require masks. Another option for key witnesses is to have them testify via Zoom or other remote platform, such as LACourtConnect (MSTeams.link).
NEW CAMERA ALERT!
It is important to have remote-controlled cameras in the courtroom for hybrid or remote trials — A laptop webcam is simply inadequate and unprofessional. We’ve just added a bunch of new Logitech PTZ-2 cameras, with a powerful 10x zoom for current and future Zoom trials. #gottalovetech
