Sunday, April 12, 2020

Hearings in the age of corona (UPDATED -- SCOTUS TO PROCEED VIA TELECONFERENCE)

UPDATE -- The Supreme Court announced Monday morning that it will proceed with its May calendar by teleconference. Order here.

So how many of you have done hearings via teleconference or video conference?  How is it going?  What are some tips/advice for doing the hearing?  Judges, what advice do you have for lawyers?

Here's an interesting information page from Texas with lots of resources for both lawyers and judges on how to do these sorts of hearings.  A snippet:
Tips for Successful Hearings
  • Dress in a soft solid color (like a black robe for judges). If a tie is worn, use a solid tie rather than one with a pattern.
  • When speaking, remember to look directly at the webcam, not at the screen.
  • Position the camera at your eye level or slightly above eye level.
  • Check the lighting. Light from a window behind you might blind the camera, making you look dark. Light above you in the center of a room might also cast shadows. Ideally, position a lamp, or sit facing a window, where light is directly on your face. Also be aware that your monitor casts light that can make you look blue.
  • Remind the participants to speak one at a time and to pause prior to speaking in case there is any audio/video lag.
  • Encourage the participants to mute themselves or mute them yourself when not speaking in order to avoid any potential background noise.
  • Only email the link to the hearing to those participating in the hearing, encourage the public to view the hearings on the court's YouTube channel. Consider using a password for the hearings.
  • Test your connection and setup with Zoom by testing your connection with a test meeting.
So far, my experience has been that federal judges are mostly doing teleconference hearings and not video hearings.  So you can still wear your pajamas and not brush your hair.

State courts are doing more video hearings from what I am hearing.  Here is a Herald article by David Ovalle on the first Zoom hearing, and a picture:



2 comments:

Anonymous said...

Audio appellate arguments:
-speak slower and enunciate
-when a judge speaks, just stop speaking, do not apologize or say "go ahead" or "you go"
-do not uses judges names unless you are 100% sure whom you are addressing - stick with "your honor"
-you will tempted to have EVERYTHING out in front of you, but it may be better to have a normal outline in front of you and key cases or record portions easily accessible but not all spread out on your desk

Rumpole said...

Curse and blame it on the other side.