For the first time in history, the Texas Supreme Court will hear oral arguments not from a nine-seat bench, but instead with video-streamed justices in a Zoom conference.

The news comes as attorneys general in New York and Connecticut examine the videoconferencing platform's privacy and security policies.


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The high court's oral arguments that were delayed in March because of the coronavirus are back on track, and scheduled for video conferences starting next week. Clerk of the Court Blake Hawthorne said he is hashing out the details for three Zoom oral arguments on April 8 and a fourth on April 22, which the court will livestream on YouTube.

"I'm going to train all the lawyers on how to use Zoom, and what to expect from Zoom oral arguments," Hawthorne said.

The clerk of court plans to be physically present in the Supreme Court courtroom, and after his usual announcements and lawyer introductions, he will place his webcam on the argument timer so that advocates know exactly how much time they have left to present their cases. It's not yet decided if the justices will join from their individual offices at work or their own homes. Hawthorne noted that the justices have already been using Zoom for a court conference and other various meetings.

"Just like everyone else, they are getting up to speed on it," Hawthorne said.

This will also be the first time that Texas Supreme Court appellate litigators do oral arguments over video.

Houston appellate litigator Kevin Dubose, who represents a party in the very first video argument on April 8, said he's happy the court moved forward, because his client wants the appeal resolved as soon as possible.

"I think Zoom is a good way to shorten the process," said Dubose, a partner in Alexander Dubose Jefferson. "I've been using Zoom a lot for various meetings and I'm comfortable with it."

Dubose added that he's planning to participate in a moot court session, over Zoom, with his law firm colleagues to get ready for the argument. One thing that will feel different about the new format is that being present in the Texas Supreme Court's courtroom in Austin creates a certain formality, which may be missing over video. Dubose said he wondered whether it would feel more intimate and informal.

"I'm interested to see how it works," he said.

Joe Hood, a partner in Windle Hood Norton Brittain & Jay in El Paso who is representing a party in the second oral argument on April 8, said he doesn't expect to change anything about his oral argument preparation.

The difference is he'll be in his El Paso law office, which has better internet than his home, plus he'll be sitting down rather than standing at a podium.

Hood said he does not expect to miss out on the nonverbal communication that comes from arguing in person.

"Usually, the manner in which the question is asked gives me a better idea what the individual justice's concern is, as opposed to the expression on his or her face. I think we will still be able to pick up on that," Hood said. "You can generally see well enough on Zoom to get an idea of whether an individual judge is or is not receptive to the argument you are making, or if they have any concerns about it."

In Connecticut and New York, lawyers have experienced issues with hackers who pop into Zoom video conferences and display pornography, use profanity or make racist comments.

It's called "Zoom bombing," said Hawthorne, the high court's clerk, who noted that the court is taking security precautions to ensure it doesn't happen in oral arguments.

"The invitation is only going to the attorneys, and the attorneys are not sharing the invitation with anyone," Hawthorne explained.

The Texas Office of Court Administration will help with hosting the arguments, and they will not admit any participant to the argument who is not supposed to be there.

Using YouTube to livestream the arguments will make sure the public can see the proceedings, but not participate.

Hawthorne said, "I don't think Zoom bombing is going to be an issue for us."