Addressing Coronavirus, 9th Circuit Offers Video Conferencing for Some Hearings, Postpones Others
Among the changes the court rescheduled and relocated arguments initially set to be heard between March 30 and April 3 in Seattle to the Ninth Circuit courthouse in Pasadena.
March 12, 2020 at 03:41 PM
3 minute read
The original version of this story was published on The Recorder
The U.S. Court of Appeals for the Ninth Circuit is rolling out video conferencing for judges and lawyers, at least in some cases, rescheduling two high-profile cases in Las Vegas, and relocating panel arguments initially scheduled for the court's Seattle courthouse to Pasadena, California as more courts enact plans in response to the coronavirus outbreak.
The court offered up the remote communication in a filing Thursday in a fraud and breach of contract case against Oculus VR and its founder Palmer Luckey.
"In light of coronavirus concerns, the court is willing to have lawyers appear for argument on March 24, 2020 by video conference," wrote U.S. District Judge Terrence Berg of the Eastern District of Michigan, sitting by designation. "The judges may also appear by video conference."
Katherine M. Rodriguez, the court's communications administrator for the Office of the Circuit Executive, said the court will allow telephone and video conferencing more broadly during the health emergency. "The court will be communicating with counsel in advance of each sitting to discuss options," she said in an email.
The Ninth Circuit also announced Thursday that it is postponing two hearings at Lloyd D. George United States Courthouse in Las Vegas in cases against defendants Cliven Bundy, a Nevada rancher, and Todd Engel, an Idaho man, who engaged in a standoff against officers over public land. The cases were originally scheduled to be heard on March 23.
The court also issued an order in cases rescheduling and relocating arguments initially set to be heard between March 30 and April 3 in Seattle to the Ninth Circuit courthouse in Pasadena.
The court noted that state and local health officials have advised people over the age of 60 years of age and those with underlying health conditions or compromised immune systems to stay at home and away from large groups in the area.
"Because the situation may change in terms of national and/or local health directives, counsel should not make nonrefundable travel arrangements," the court said. "It is possible that in-person court proceedings may be cancelled, in which case the court will likely hear all argument via telephonic appearances." The court indicated that any attorney wishing to appear by telephone conference would be permitted to do so, those with a video system compatible with the court's system could appear by video, and that all lawyers from Washington state could appear via video from the court's Nakamura Courthouse in Seattle.
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