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    Zoom Court: The Good, the Bad, and the Pajamas? How COVID-19 has Changed the Judicial System

    Loilette Pelier
    By Loilette Pelier   |   Member

    It has now been over a year since the world changed due to COVID-19. And while the world is still trying to adapt to the “new normal,” such as wearing masks and practicing social distancing, it is no secret that the court system is also trying to adapt. In order to prevent the spread of COVID-19, courts have closed down. However, legal proceedings must continue. The solution? Zoom Court is now in session. Zoom provides video and audio communication services for those that want to exchange information while following proper CDC guidelines. With Zoom Court having been around just as long as COVID-19, we have already experienced the good, the bad, and the pajamas.

    Some disadvantages of Zoom Court? The judge not being able to control the courtroom. In person, the judge has control over his or her courtroom. They are able to control cell phone usage, who is speaking and having conversations amongst each other, and who is physically present in the courtroom. With Zoom Court, however, a judge now has less control with what the parties are doing, which may cause problems. Such problems include the inability to properly sequester witnesses, the inability to prevent illegal recordings from occurring, and the inability to prevent the disclosure of confidential information from being released. With Zoom Court being just one click away, anyone is able to join in and listen to the court hearings, as they are all made available to the public. Another disadvantage includes the safety in domestic violence cases. For example, on March 2, 2021,  an assault suspect was caught by the Prosecutor in being inside of the survivor’s home during a Zoom court hearing in St. Joseph County, Michigan. This is particularly dangerous because the assault suspect’s presence can be seen as intimidating for the survivor. The survivor in the present case complained that her privacy was violated as her personal information was broadcasted to the world. Another disadvantage of Zoom Court is the technical difficulties that occur suddenly which can cause delays, distractions, and frustration. To ensure a smooth Zoom Court hearing, one must be able to be tech savvy. Knowing how to properly use, for example, the mute button, video display, and share screen feature are key factors in having a successful proceeding. On February 9, 2021, the world came together for a moment to laugh at Texas Attorney, Rod Ponton, saying, “I’m here, live, I’m not a cat” as he accidentally appeared as a cat filter during a Zoom Court hearing.

    Now, the advantages of Zoom Court? It is convenient to say the least. For one, there is little to no travel. All parties involved do not need to drive all the way to the courthouse, which saves an incredible amount of time, especially when traffic is always bad in South Florida. It also saves parties from having to find parking, wait in the security line, and find the designated courtroom. Driving at least an hour to attend a five to ten minute calendar call seems absurd now that Zoom Court has been created. Because of the efficiency, Zoom Court may be here to stay post COVID-19. Expenses are also cut short due to not having to pay for parking, gas, and other miscellaneous expenses that may result while taking a trip to the courthouse. Another advantage includes being able to better assess the credibility of the witness because judges are able to focus in on the witness’ facial features and demeanor. And perhaps the greatest advantage there is? Conducting a Zoom hearing while wearing nothing but shorts or pajamas. Something that could never be done in real life, has now become the “new normal” of Zoom Court attire. It is safe to say that many lawyers have dressed up and not down, that is, wearing something professional on top, such as a button-down collar shirt, and wearing pajamas as bottoms. This new fashion trend has made many judges nationwide remind lawyers and parties alike to dress properly for Zoom Court. One Judge pleaded through the Weston Bar Association that “[t]he judges would appreciate it if the lawyers and their clients keep in mind these Zoom hearings are just that: hearings. They are not casual phone conversations.” Of course, courtroom etiquette and professionalism must still be performed in Zoom Court at all times. That being said, Zoom Court within a little over a year has brought us many legal stories, both good and bad, to tell for years to come.

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