Appellate Argument by Phone Doesn't Cut It
We urge the Appellate Division to change to video proceedings until we can see them in person.
September 13, 2020 at 09:00 AM
1 minute read
The COVID pandemic has made it necessary for courts, lawyers and litigants to make adjustments. With limited exceptions, in-person court appearances have not been permitted. Remote video proceedings have taken place in the civil, criminal and family divisions of the Superior Court, the New Jersey Supreme Court, municipal courts, and before the Disciplinary Review Board. But the Appellate Division of the Superior Court has chosen to conduct oral arguments telephonically instead of by video and will continue to do so in September. We are aware of no empirical studies comparing the efficacy of telephone versus video oral arguments, but we think the advantages of appearing by video are obvious and substantial. Until we are able to safety return to in-person court proceedings, allowing lawyers and judges to see each other when they speak—rather than stare at a phone—is the heavily weighted preference and the next best thing to actually being there. We urge the Appellate Division to change to video proceedings until we can see them in person.
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