Wednesday, May 26, 2021

PPP: Post-Pandemic Plans?

The Recorder has State Lawmakers Reject Proposal to Retain Remote Technology Post-Pandemic -- Tuesday's vote did not kill Gov. Gavin Newsom's proposal. The idea can still be negotiated in ongoing budget talks. But it does reflect the influence organized labor groups representing court staffers have on Democratic lawmakers.

  • State senators on Tuesday shot down a proposal by Gov. Gavin Newsom that would allow courts to continue using remote technology in civil cases after the state’s COVID-19 emergency ends.
  • Tuesday’s vote by the subcommittee did not kill Newsom’s proposal, which would give the Judicial Council broad authority to set remote-use rules. The idea, backed by some judges and the plaintiffs bar, can still be negotiated in ongoing budget talks among legislative leaders and the governor. But it does point to the influence organized labor groups representing court staffers have on Democratic lawmakers, who hold supermajorities in both legislative houses.
  • State law presumes court proceedings take place in person, in courtrooms.
  • Over the last 13 months, 54 of California’s 58 trial courts have employed remote technology in some types of proceedings, according to the Judicial Council. Thirty-eight courts have offered the technology in all case types. The state’s appellate courts have been using remote appearances during oral arguments as well.
  • Without additional action, the Judicial Council’s emergency rule on remote appearances ends 90 days after the governor lifts the state’s emergency status. A council committee is currently reviewing pandemic-related changes that could remain in place once the emergency declaration sunsets.
As for remote appearance gaffes, add this one to the list (from ABA Journal): Judge is taken aback when defendant logs in to Zoom arraignment with obscene screen name

In other news, the California Academy of Appellate Lawyers has accepted three new members:
  • Justin Sarno, with DLA Piper LLP in Los Angeles
  • Stephanie Finelli, with the Law Offices of Stephanie Finelli in Sacramento
  • Paul Katz, with Katz Appellate Law in Oakland
Also, the CAAL's 2021-2022 officers will be President Ray Cardozo, 1st VP Michael Colantuono,  2d VP Laurie Hepler, and Sec/Treas. Joe Mascovich.

In other amazing appellate achievements, huge congrats to SoCal appellate specialist Stuart Esner, who argued four unrelated civil cases in the Cal Supreme Court this month! (Bonni, Sandoval, Busker, and Mendoza.) That seems like it's got to be a record!