Running a Virtual Courtroom
A Perspective from the Courthouse .
HON . KIMBERLY A . CHILDS Superior Court of Cobb County
LAURA " LAURIE " MYLER Staff Attorney , Hon . Kimberly A . Childs Superior Court of Cobb County Laura . myler @ cobbcounty . org
As COVID-19 has entered the one year mark , most industries have adjusted their normal practices of conducting business . The practice of law is no exception . With no clear end to the global pandemic , lawyers are facing enormous challenges .
Where we are and where we have been : How Cobb Superior Court responded to past and current judicial emergency orders .
The pandemic became a harsh reality for our court system when Chief Justice Melton declared a statewide judicial emergency in March 2020 . In response , Cobb Superior Court adopted a “ Duty Judge '' system where the 10 elected judges rotated weekly to hear any essential matters , such as “ get out of jail ” pleas / motions and emergency issues in civil cases . Initially , many believed that the emergency would resolve quickly , and courts could return to business as usual . Today , we operate under Chief Justice Melton ’ s 11th
16 February / March 2021 judicial emergency order .
Civil Matters Past and Present : Cobb judges did not want people coming to the courthouse unless necessary , but they also knew that court could not grind to a complete halt . Early in the judicial emergency , Cobb Superior Court judges transitioned to a video platform to conduct virtual hearings in civil and domestic cases . As 2020 continued , Cobb Superior Court moved to a system where we had a few courtrooms open , generally one per floor , and increasing over time . Judges who did not have an open courtroom had to livestream their virtual hearings over YouTube to satisfy public access requirements . But livestreaming posed challenges in contested custody cases and evidentiary hearings where it is difficult to enforce the rule of sequestration .
Now each Cobb Superior Court judge has an open courtroom . Due to a spike in positive cases in Cobb County , in person hearings on nonessential matters were suspended for a few months but those restrictions were recently lifted . Judges may hear cases live in person , if needed , or virtually without having to livestream proceedings . Judges have the ability to compel attendance via video . Courtrooms are open to the public , if the public wants to attend ( and people do attend , mainly family members ).
Cobb Superior Court conducts several virtual hearings all day , every day . This sets the hearings to be conducted virtually , unless someone objects . In the event of an objection , the Court rules on the objection before the hearing and based on the individual circumstances of each specific cases as well as the current COVID-19 numbers in the community .
Criminal Matters Past and Present : Cobb Superior Court also integrated technology into how it handles criminal matters . Defendants in custody can now appear