via video from the jail , and attorneys can conference with their in custody clients over video from their office . Defendants out of custody can also appear via video for pleas and other matters . However , special attention must be paid to the constitutional issues impacting criminal cases , including the confrontation clause . As a result , the majority of in person hearings held in Cobb Superior Court during the pandemic involve criminal matters , as opposed to civil or domestic .
Due to the current community spread , Cobb County expects resuming jury trials later in April 2021 . To ensure the safety of everyone involved , Cobb Superior Court established a local committee to create a “ Phase 1 ” plan for resuming jury trials . The local committee vetted each process from the perspective of judges , trial attorneys , court administration , court security , clerk of court , and the department of public health . Once vetted , the court conducted a “ mock trial ” to test and refine the logistics of the Phase 1 plan . The full plan can be found on the Administrative Office of the Courts website .
What works and what does not : Lessons learned from almost a year of virtual court in Cobb Superior Court .
For anyone who has a pending case or a legal issue that needs attention , communication with the court is crucial . Under normal circumstances , litigants dropped off pleadings in our boxes or have their orders signed in the chambers . But the judicial emergency has limited in person appearances and many have sought to minimize in-person contact . Now more than ever technology and communication have become essential practice skills .
A View from the Judge :
1 . It is important to read hearing orders carefully . Hearing orders are not simply a rule nisi style order . It is certainly challenging for attorneys that each judge handles virtual court differently ; however , most judges use their hearing orders to communicate courtroom expectations .
2 . The formality of the virtual proceeding depends on the judge . Try to understand what a judge expects in that regard and do not assume that a virtual appearance makes athleisure attire or eating a sandwich during the proceeding appropriate .
3 . Check your client ’ s screen photo before the hearing begins . Clients may be using their Zoom account for personal or recreational purposes and their screen photo ( what shows when their video is turned “ off ”) may not be the image that you would like to present . 4 . Please do not drive while on Zoom . Do not let your client drive either . If you
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