IN THE PROFESSION
will be a large influx of new case filings. Just
imagine the number of dispossessory cases
that are waiting to be filed.
Justice Melton’s Amended Emergency
Order actually encourages judges to
facilitate non-essential matters and affords
judges the ability to sanction parties that
fail to comply. Some judges are already
conducting hearings via Zoom and/or
Webex, and, of course, most judges are
available for phone conferences. Within
the next few weeks, you will see more judges
starting to schedule hearings and perhaps
even non-jury matters utilizing these
types of technologies. There will also be
requests that parties waive oral arguments
on pending motions, to enable rulings to be
made on the briefs.
The real dilemma is the fact that we do not
envision an environment safe enough to
conduct trials involving jurors, for many
months. When that time does come, I
suspect courts will be utilizing social
distancing and increased hygienic measures
to try to ensure the public that it is safe to
show up for jury duty. There will of course
be those who refuse to appear because of
fear of exposure, and frankly those with
compromised immune systems or those of
advanced age may have a valid point that
will need to be taken into consideration.
So where is the silver lining? I think we are
all being schooled in what is possible. When
this is over, should we encourage virtual
appearance for pleas and arraignment? Is
it really necessary for attorneys to drive all
over this 14 county metro area, contributing
to pollution and traffic, just to tell the court
their client waives arraignment and pleads
not guilty? When parties have a discovery
dispute can it likewise be handled virtually
rather than having to charge their client for
the time it takes to appear for an in-person
hearing? Will judges be able to conduct first
appearance hearings virtually rather than
exposing everyone to the unnecessary risks
involved with transporting defendants back
and forth from the jail?
I hope the legal community is open to
having these discussions. If we continue to
do things the same way, simply because it is
the way they have always been done, shame
on us for not exploring what is possible,
what can save time and money, and that
which will better serve the public.
www.atlantabar.org THE ATLANTA LAWYER
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