Oral argument in these trying times

Today's DJ has Appellate courts navigate coronavirus-influenced future: Attorneys, justices wonder about the future of oral argument.

• The global coronavirus pandemic has swept California’s judiciary with a patchwork effect on policy, leaving each court to map their futures amid dire public health warnings and increasingly stringent restrictions on gatherings and public appearances that sometimes differ by jurisdiction. The state Supreme Court has directed all attorneys to appear via telephone or video for April 6 oral argument, and it announced Wednesday an expansive electronic system to more widely enable remote filing. The state’s six appellate districts are operating independently, with each presiding justice deciding how to approach the standard but suddenly thorny issue of oral arguments.
• “Everyone’s advised that I can work just as effectively via the telephone and through video conferencing,” said Presiding Justice Arthur Gilbert of the 2nd District Court of Appeal, Division Six in Ventura.
• In Orange County, justices faced with a full oral argument calendar this week, after an unprecedented few days of change, gave attorneys three options: appear in person as scheduled, appear by telephone or cancel the argument and reschedule later. “I don’t have all the numbers yet, but it seems like people are availing themselves of all three of those options,” said Presiding Justice Kathleen E. O’Leary of the 4th District, Division 3 in Orange County.
• “We’re trying not to delay anybody’s case if they don’t want a delay,” O’Leary said. “During these really uncertain times, ... we need to have some semblance of normalcy for people.”
• “We’re just doing the best we can because, as I remind everyone, we are public servants,” O’Leary continued. “None of us got drafted for this job. All of the judges applied. We’re here because we want to be here.”