CBA Record July-August 2021

Zoom and the Bigger Picture By Jonathan Safron

T he Honorable Marion B. Ceres takes the bench by logging in to Zoom. In his mind’s eye, he’s climbing the creaky wooden steps and finding a seat in his majestic black leather swivel chair at the Daley Center. Instead, day 154 of remote court proceedings means he’s sort- ing through his case files at 8:37 a.m. in his living room, wearing a robe and blue jeans. Judge Ceres pays homage to the practice of his late mentor, Presiding Judge Sandra Wolf, as he organizes the status call, put- ting the folders for the most contentious cases at the bottom. Judge Ceres scoffs at the thought that any of these routine case managements could be contentious at all. The only “third-rail” case today: well, Judge Ceres can’t remember the caption, but it’s the one with Jacob Cornelius, Esq., who is being his usual difficult self about some title defect. Straight to the end of the call goes Mr. Cornelius. As Judge Ceres reorganizes his stack, the handwritten notes for the past couple statuses stick out of the bottom folder and catch his eye. “Cornelius out: childcare,” a note from last July. “Cornelius out: no explanation,” from November. One of the video squares lights up yellow, but no one appears. Judge Ceres thinks he hears Judge Wolf ’s voice. How can that be? Someone coughs, then mutters an inau- dible apology. The faint strains of a finan- cial news broadcast filter in. Paper rustles, as if paying tribute to the legendary carbon copy sheets now lying useless in each Daley Center courtroom. An unmuted cell phone loops the ambient noise into a cacophony until Judge Ceres’s clerk calls the court- room to order—“Line #1!” The attorneys tighten their ties, make sure their makeup filters are on, and tap their flip-flops on their bedroom/office floors, awaiting their turn in the 8:45 a.m. call. Judge Ceres, adjusting his robe, not really thinking about Line #1, wonders why Cornelius acts like he went to law

school by watching Judge Judy reruns. Could Cornelius still make his 77-year-old opposing counsel, Morrie Cavilleri, red with anger even via fiber-optic connection? Judge Ceres blinks himself back to the present moment and attempts to focus on Line #1. “Good morning your honor, this matter is up for first-time case management…” But no display of decorum is going to please the still-distracted judge. “Hear the other side…” Judge Wolf ’s voice crackles out of the computer speakers again. Judge Ceres must snap out of this. “Is that all, counsel? We have a long call today. I’ll see you in 60 days for status on discovery,” Judge Ceres says. A meek “Order to follow” signals to the court clerk that the next case is up: “Line #2!” The attorneys introduce themselves. Cutting off a summary of the case status from the bank’s lawyer, the defense counsel begins carrying on as if in his own tele- medicine therapy session. The interrupted bank attorney folds her arms and asserts herself—“Your Honor, I don’t appreciate my counterpart stepping on my feet here.” After 20 years on the bench, the judge still feels an adrenaline rush when a teach-

able moment presents itself. “Do either of you know the motto of our state’s Supreme Court?”That was a rhe- torical question. “ Audi Alteram Partem … Hear the other side,” Judge Ceres trans- lates. “My mentor, the late Judge Wolf, had it on a plaque on her desk. It might do some good to listen twice and speak once, for a change.” Suddenly the blank square marked “Jacob Cornelius, Esq.” lights up, and a young girl’s voice comes on. “I feel like I’m in e-learning for AP U.S. History with this Cereal guy. I still don’t get why you say you like him so much—” A curt “Please stay muted while court is in session” from the court clerk, and the disembodied voice cuts off. “Just like in-person, we can boot you if you cause trouble, Mr. Cornelius,” Judge Ceres says. But wait—that didn’t sound like the 50-something hothead… Deal with the bank case first. “You’re not getting off the hook that easily, Counsel. Prepare the order and set the matter for a short date for clerk status.” Now, to address the interruption. Judge Ceres puzzles for a second as to why Cor- nelius sounds like a high schooler today but

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