Court Hearings During COVID-19

In 1996 a Los Angeles Times article stated, “it saves time. It makes money. It even reduces stress. It’s hailed as a high-tech savior. Praised as an innovative way to cut through some of the gridlock--and flush out some of the frustration--that burdens Los Angeles County’s overworked courts. It is . . . the speakerphone.” 

Who knew that in 2020, the speakerphone would still be in style. In fact, last week a lawyer in a telephone oral argument at the Supreme Court of Virginia stated, “’I apologize, your honor. I had the phone on speakerphone and a neighbor is mowing his lawn, the lawyer replied as he switched off the speaker function.”

Closer to home, the U.S. District Court in Rhode Island is using telephonic hearings and they are open to the public. According to one local paper, at the state court level, other technologies are also being used, “other tools being utilized include WebEx video conferencing, which started recently for pretrial conferences. WebEx allows for witnesses to tell their stories and people to see each other in cases such as contested pretrials, status conferences, settlement conferences and settlement hearings.”

One thing to keep in mind during these times, lawyers on video calls are still lawyers. Check out this admonishment by a Florida judge who states, “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.”

Just remember, you can always ask a reference question, even if you’re poolside in a beach cover-up! Email us at lawlibraryhelp@rwu.edu.