How Georgia Courthouse Staff Helped the High Court Hold Oral Arguments From Miles Away
Chief Justice Harold Melton commended his colleagues on the bench for their willingness "to try whatever is necessary to keep the courts moving."
April 20, 2020 at 06:18 PM
4 minute read
It wasn't the room where it happened. But it was a close as technology during the coronavirus pandemic would allow.
The Supreme Court of Georgia's remote oral arguments on Monday took place, instead, in "the Zoom where it happened"—a term first coined by the sequestered cast of "Hamilton"—as justices and attorneys patched in via the video teleconferencing software.
Chief Justice Harold Melton sat alone in the new Nathan Deal Judicial Center courtroom. His eight colleagues, attired like Melton in their black judicial robes, all were sheltering in place across the state. But the background image behind each justice was that of the courtroom where Melton presided alone—the brainchild of Bob McAteer, the high court's director of technology services.
"We are committed to continue the court's business with as little disruption as possible," Melton said when the high court convened Monday. He commended his colleagues on the bench for their willingness "to try whatever is necessary to keep the courts moving."
He also assured the attorneys who argued via Zoom, "We won't be deciding the cases based on technical problems."
And he welcomed newly minted Justice Carla Wong McMillian, a former judge on the Georgia Court of Appeals, to her first oral argument since she took her oath of office in an open-air ceremony adjacent to the state Capitol on April 10.
Two oral arguments, both appeals of murder convictions, were conducted without a noticeable hitch.
Melton said in an interview afterward that he and his fellow justices talked beforehand about how they would present themselves in their Zoom debut, including the background behind them. "We wanted something that was not distracting, that was uniform, that was dignified," he said.
"We tried to mimic everything that happens in a real courtroom," he added, including the courtroom deputy's call to order and the time clock, which was delegated its own frame on Zoom.
Melton said the justices "were a little anxious about all the things that could go wrong" and that, a week ago, the court conducted a dress rehearsal "We all felt very positive about," he said of his fellow judges, adding that "We were a little anxious about all the things that could go wrong."
He said the judges put on their robes a week ago and called an online dress rehearsal.
Melton said Monday's successful Zoom arguments "definitely tells us we can do more " via Zoom. But, he added, "We have to think about what would be the circumstances when we would allow for it on a uniform basis. I'm not sure what the test would be if we were to go forward in the future."
Veteran Atlanta criminal defense attorney Brian Steel became the first lawyer to argue remotely before the high court in the current pandemic.
Steel praised the pre-argument preparation that included help and advice on choosing the proper location, appropriate background and proper lighting.
He said the court's IT staff gave him telephone numbers to call if there were video glitches and a way to proceed solely with audio, if needed. He said the court staff was familiar with Zoom experiments in other states, including Texas, for glitches and how they could be addressed in real time.
Steel said he set up a table in a bedroom and argued his case via his iPad.
He said the high court instructed attorneys that business attire was required, but that they could choose either to sit or stand. Steel stood. "Whenever I am addressing the highest court in our state, or any court, I always stand out of respect," he said.
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