Thursday, August 12, 2021

Not so fast...

Over the past few weeks, many appellate courts around the nation announced the resumption of in-person arguments. But now many are backtracking. The NLJ's latest story on this is 4th Circuit to Suspend Upcoming In-Person Arguments in September -- The announcement comes as other federal courts update reopening plans amid the increased spread of the delta variant of COVID-19.

Another example: On August 13, 2021, the Seventh Circuit Court of Appeals issued three General Orders addressing the resumption of court operations as of September 1, 2021. See orders for further details. General Order 21-008 Regarding COVID-19 and the Restoration of In-Person Activity. This order supersedes General Order 21-005. (http://www.ca7.uscourts.gov/general-orders/General_Order_21-008.pdf) General Order 21-009 Regarding Masking, Vaccination and COVID-19 Self-Certification. This order supersedes General Order 21-006. (http://www.ca7.uscourts.gov/general-orders/General_Order_21-009.pdf) General Order 21-010 Regarding the Resumption of In-Person Oral Argument. This order supersedes General Order 21-007.
(http://www.ca7.uscourts.gov/general-orders/General_Order_21-010.pdf)

And another: Update to Court Operations from the D.C. Circuit - August 13, 2021. In light of the current circumstances relating to the COVID-19 pandemic and the latest public health guidance, in-person oral arguments remain suspended. All oral arguments during September and October 2021 will proceed remotely by video conference using Zoom for Government. An audio feed from oral arguments will be live-streamed to the public at no cost on the Court's YouTube channel, except when sealed material is being discussed. The Clerk's Office will contact arguing attorneys in advance of each oral argument to provide further information. This policy will be reexamined and modified as necessary as developing circumstances require. See https://www.cadc.uscourts.gov/intranet/home.nsf/Content/Announcement+-+Update+to+Court+Operations+20210813/$FILE/noticeCourtOperations20210813.pdf

And see: State Court Users Rush to Find Legislative Deal on Remote Courtroom Appearances -- 
Labor groups representing court reporters and interpreters are balking at continuing video-based proceedings after the pandemic emergency ends.

Also, from CLA's Litigation Section: The August 2021 issue of Litigation Update is now online!

Today's appellate catastrophe is here, where 4/3 spends pages 2 to 5 outlining all the ways in which appellant's opening and reply briefs violate the rules of court. Ouch! Then the court gets to the merits, and ... it's affirmed, of course. (This article notes that LASC holds 5,000 remote proceedings a day now.)