Judges got a rush-rush introduction to the Zoom platform to resume some of their regular work and are getting more confident as they push deeper into the virtual realm.

Miami-Dade Circuit Judge Alan Fine is nothing short of enthusiastic after more than 500 sessions since March 30.

"I just took my regular calendar and I gave a Zoom invitation to everything that was there, so I've had every hearing since then on Zoom," Fine said.

The state Office of State Courts Administrator bought Zoom licenses for the judges and added more to bring judicial assistants into the loop. Circuits provided training, but full-fledged adoption depends largely on the willingness of judges to go where not many of them had gone before, knowing nonemergency hearings are remote only until at least July 6 in Florida courts.

Fine also received informal training from former Florida Bar president Ramon Abadin's daughter Julia, who was using the virtual platform daily before the coronavirus pandemic.

"I've had four extended evidentiary hearings, a couple of them lasting more than a day. I would say that in each and every one of those, the lawyers were super professional, exchanged exhibits, agreed to what they could agree to," Fine said. "All of the lawyers practiced beforehand so it went much smoother than if I was their guinea pig."

Miami-Dade Circuit Judge Barbara Areces has observed differences in attorney behavior in the virtual sessions — less intense and less prone to grandstanding.

"Some attorneys do not appear with suit and tie — maybe a little too relaxed," she said by email.

Areces also notices drawbacks, especially in the audio department.

"There are times when distractions can interfere with the hearing — dogs barking, phones ringing, emergency issues arising at home/office that require work be performed (drilling, banging, etc.), children crying, a cat jumping on someone's desk during an argument, etc. However, everyone just smiles or disregards the distraction and proceeds with the hearing," she said.

The remote system means more work and time for her. Attorneys normally filled out a Memo of Disposition form covering appearances and what happened at a hearing as a case-tracking tool, which the judge now fills out. Winning attorneys normally draft an order in the courthouse right after hearings, but they are now delivered on the circuit's courtMAP system, which builds in delay.

Attorneys are thrilled about remote non-evidentiary hearings, especially the five-minute calendar calls and routine motions. Travel time and the related expenses are eliminated.

"I can foresee attorneys wanting Zoom to be the new normal for non-evidentiary hearings," Areces said. "I've asked, and they all say that it is a huge time saver for them. (Time is money.)"

Palm Beach Circuit Judge John Kastrenakes has had no in-person hearings since the courthouse closed in March but still goes to court every day. (There's too much grandkid noise to work at home.) And he's been as busy as ever since the last half of April.

Attorneys drive the civil calendar, and "for the first week or so, the lawyers didn't really kind of know what to do," he said, noting the initial suspension of nonessential proceedings was short term.

He runs an assortment of phone and Zoom hearings. In the most intense virtual session, he presided over an evidentiary hearing with witnesses that took four to five hours of court time.

"Everything in my life has been an adjustment," Kastrenakes said, describing his old-school legal upbringing. "You're talking to a guy who did hand research in law school of case law, handwritten motions to have someone type them up," he said. That progressed to dictating motions for a secretary to type.

Steve Jaffe, a mediator with Upchurch  Watson White & Max in Plantation, is called into many cases under a requirement to go through the mediation process before moving to trial. His last in-person mediation was March 19, and he has conducted 64 since then with as many as seven parties.

"I got up to speed on Zoom very quickly because I saw what was going on," he said. "Early on, some people were technically challenged. Because I have practiced so much I knew the workarounds, and the beauty of it is there's a workaround for everything."

Jaffe considers some "slow on the uptake," but he's a Zoom booster. "The breakout room feature on Zoom had been absolutely run with perfection as if I'm in a mediation and I go from room to room." 

Asked if parties were more disposed to settle based on the long-term uncertainty about when in-person hearing might resume, he said his before-and-after resolution numbers are virtually the same. Jaffe also sees no difference in financial offers and counteroffers.

"There are definitely parties that are looking for, let's call it a sweet deal, because of what's going on, and those people are not going to settle their cases, and I would humbly suggest to you if they were in person they would not be settling their case either," Jaffe said.

Fine and Areces praise the court's information technology staff for tailoring workarounds on the fly. In-house app developers have mapped a series of steps to invisibly automate some procedures for judges and their assistants. The courtMAP scheduling, confirmation and notification system has been tied into Zoom to send invitations to future remote hearings.

Since Zoom is a visual medium, thought goes into background images, and formality is preferred. The Florida Supreme Court opted for an aerial photo shot by a drone of the justices' empty bench. Areces' home computer can't display a virtual background so she bought a tapestry with the state seal.

But the judges still yearn for the pre-COVID 19 days of personal contact and the unscripted adventure of jury trials.

"There is no substitute for human interaction. I really miss having people in court, and I really miss the ability to have attorneys and citizens in court on a daily basis," Kastrenakes said.

Areces observed, "Although being home is convenient, I miss the personal interaction with my staff, attorneys, colleagues and court personnel, miss jury trials, and I am really looking forward to getting back to normal."