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Legally Speaking: Court Proceedings In The Era Of COVID-19

by fred giggenbach attorney at law
in Local News
March 16, 2021
Reading Time: 3 mins read
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Legally Speaking: Court Proceedings In The Era Of COVID-19
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Over the last year or so, the COVID-19 pandemic has created massive disruptions in our daily lives.

Previously, no thought was given to walking into a business or public building without wearing a mask. Now, prior to entering businesses or the like, I find myself digging through pockets, trying to find that mask that somehow often eludes me. Who amongst us has not had to retrace their steps back to the vehicle to obtain a mask?

There are still many who refuse to wear a mask, and frankly, I have given up on worrying about their actions. It’s not worth the hassle.

While many businesses and institutions have been greatly affected by the pandemic, there are several that stand out. Certainly, the educational system has been turned on its head with remote learning. I spoke to one young local high school student who carried a 3.9 GPA prior to the pandemic, and that student is now barely passing.

Thank goodness the school buses are running again and students are back in class. I would have hated to be a student or a teacher during the last year. I would have hated to be a student or a teacher during the last year. Both had incredibly difficult tasks.

The legal profession has also been forced to adapt rapidly. There are a few things in life one really should not miss and court dates are one of those. For several hundred years, those court dates meant in-person meetings with judges, attorneys, court reporters, bailiffs, witnesses, jurors and spectators.

Really, the last time in-court hearings and trials stopped was during the Spanish Flu pandemic from 1918-1920. Back then, court participants were required to wear masks as well, and sometimes hearing and trials occurred outdoors in the open air to lessen the spread of the disease. At one point, the United States Supreme Court canceled in-person arguments. There were no Zoom or Microsoft Teams video conference calls available.

The West Virginia court system responded admirably to the COVID-19 crisis. West Virginia Supreme Court guidelines and rules were quickly implemented to safeguard the public while still continuing essential court proceedings. Even during a pandemic, people still file lawsuits, property is transferred, estate probate occurs, crimes are committed requiring criminal procedure, abuse and neglect proceedings must go on, and every other aspect of courthouse life continues.

However, since the pandemic, much of this occurs via video teleconference hearings. In many cases, parties appear by desktop computers, laptops, and even cell phones. These hearings can sometimes be quite challenging, sometimes with technical issues such as dropped calls and connections. Some lawyers and judges struggle with the technology aspect of it all.

Upon announcing his retirement, one West Virginia judge recently cited the new courtroom technology as lessening “humanism” in the court process and making court cases seem too “transactional.” After serving 33 years on the bench and seeing courtroom participants front and center, I can see why he felt that way. However, the public should know that overall the judicial branch of government, attorneys and courthouse staff have all adapted very well to conducting remote hearings. Cases are still processed as best possible. Not all hearings go perfectly though.

If you have not seen the video of the Texas attorney accidentally appearing for court with a cat filter on his Zoom call, it is a must-watch. On the internet, just Google “Texas attorney cat” and it will pull up an extremely funny, “laugh until you cry” video where the attorney haphazardly appeared remotely for court and talked while being a kitten on the screen. On the flip-side of that, a defendant in a domestic case in Michigan appeared remotely for court, but from the home of the victim! The alert prosecutor handling the case notified the court and the defendant was soon arrested.

Since I am just over 50 years old, I was recently called up for my first COVID vaccine shot. The Greenbrier County Health Department administered 1,100 shots that day last week. It was a very efficient and fluid process.

Hopefully, if enough people receive their vaccines, continue to wear masks when necessary, wash their hands frequently and social distance, we can get back to having in-person court proceedings on a full-time basis. Until then, stay safe and healthy!

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fred giggenbach attorney at law

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