CAJUNLAWYER
Member
The Judge in my section will NOT come to court due to the covid scare.She is now a ZOOM convert. We had our first ZOOM session yesterday.
She is on TV,The court reporter is on TV. The clients at Jail are on TV. The DA and I decide to at least go to the courtroom to be on TV. Other defense lawyers are scattered to the wind but are all on their TV's The DA had to leave due to feedback.So I am in the Courtroom,the DA is in the jury room, the clerk of court is down stairs and God only knows where the Judge and Court reporter and law clerk are. We start to creep along on stuff that doesn't require testimony and surprisingly things get done bit by bit. SO all of a sudden the Judge calls up a preliminary exam with a deputy on TV from who knows where and she expects that I and my client will get a fair shot at cross examination(remember that there is no human to human contact-everyone is on the ZOOM screen). I politely point out to the Judge that their is a code article that prohibits remote witness testimony and that no judicial fiat, order from the Supreme Court or executive order from the governor trumps clearly spelled out law. The DA is in total agreement-the judge in a remarkable display of judicial arrogance and activism says she doesn't care what the statute says, that the pandemic trumps everything and this is the way we are going to do it.Thank goodness my client is on the street(although he was not allowed in the courthouse and is sitting at home on his cell phone because he doesn't have a lap top). I move for a continuance and the DA joins as he has the same concerns as I. We continue the hearing until November at which time I think that I will be exposed to the Covid and will have to self quarantine(in a duck blind
) until next year when it won't be my problem any more.
I understand the distancing thing, but DON'T think that I can in any way do a competent ethical examination of a witness remotely with me being the only one in the room. But as long as I am wearing a mask and have ZOOM it's all good.
This stuff has become insane
She is on TV,The court reporter is on TV. The clients at Jail are on TV. The DA and I decide to at least go to the courtroom to be on TV. Other defense lawyers are scattered to the wind but are all on their TV's The DA had to leave due to feedback.So I am in the Courtroom,the DA is in the jury room, the clerk of court is down stairs and God only knows where the Judge and Court reporter and law clerk are. We start to creep along on stuff that doesn't require testimony and surprisingly things get done bit by bit. SO all of a sudden the Judge calls up a preliminary exam with a deputy on TV from who knows where and she expects that I and my client will get a fair shot at cross examination(remember that there is no human to human contact-everyone is on the ZOOM screen). I politely point out to the Judge that their is a code article that prohibits remote witness testimony and that no judicial fiat, order from the Supreme Court or executive order from the governor trumps clearly spelled out law. The DA is in total agreement-the judge in a remarkable display of judicial arrogance and activism says she doesn't care what the statute says, that the pandemic trumps everything and this is the way we are going to do it.Thank goodness my client is on the street(although he was not allowed in the courthouse and is sitting at home on his cell phone because he doesn't have a lap top). I move for a continuance and the DA joins as he has the same concerns as I. We continue the hearing until November at which time I think that I will be exposed to the Covid and will have to self quarantine(in a duck blind
) until next year when it won't be my problem any more.I understand the distancing thing, but DON'T think that I can in any way do a competent ethical examination of a witness remotely with me being the only one in the room. But as long as I am wearing a mask and have ZOOM it's all good.
This stuff has become insane
