CBA Record May-June 2020

Impact of the Pandemic: A Judge’s View BY ASSOCIATE JUDGE SANJAY TAILOR

aside, there is still no satisfying substitute for an in-person trial. Every February I teach the first of a two-session, intensive weekend class on Illinois civil procedure with an emphasis on experiential learning. My colleagues who taught the second session in April did so remotely for 11 hours over two days! Not ideal for an experiential learning class, but they made it work through a lot of advance directions to our students. The Illinois Judicial College’s Committee on Judicial Education Committee, on which I serve, is expanding online and virtual judicial edu- cation courses as alternatives to in-person education conferences. The Lawyers Club of Chicago, for which I serve as president, canceled the remaining speaker programs this spring, and our board is exploring how to virtually engage club members. Video conferencing and remote appearances can be a good substitute in many, if not most, instances, but they still require careful plan- ning, especially in the educational setting. Covid-19 has compelled the state judi- ciary to evolve more rapidly in its use of electronic technology than it would have otherwise. I can’t wait to return to in- person hearings, if only for a reprieve from the boredom of social distancing. But the courts would be well served by leveraging our experience with this pandemic to pro- mote greater efficiency and access to justice through the use of electronic technology. assist them with much-needed access to the courts for custody orders, child sup- port, obtaining a fair share of a marital estate, etc.), obtaining a judgment for ser- vices rendered, and then collecting either through a payment plan or garnishment. It is this income that frequently pays for staff, office space, insurance, and other employee benefits. The Governor’s Executive Order 2020- 25 has effectively put many law firms out of business. The reality is the moratorium coupled with the lack of availability of funds from the Paycheck Protection Pro- gram leaves many lawyers with no option other than to lay off staff. This will likely Sanjay Tailor is an Associate Judge, Circuit Court of Cook County, Chancery Division.

efficiency and enhance access to justice. There is good reason to do so. Civil cases in the Daley Center have largely ground to a halt. Chancery Division judges can hear matters by video conference using Zoom, but those hearings are limited to emergencies due to the court’s number of licenses. Otherwise, my colleagues and I have been writing decisions on fully briefed motions where oral argument is unnecessary, allowing us to somewhat keep a handle on our calendars. However, trials, settlement conferences, and case manage- ment conferences have been postponed. The backlog, which grows by the day, will be particularly challenging for those civil judges who sit in the most public-facing courtrooms, such as evictions, mortgage foreclosure, debt collection, and domestic relations. I can’t begin to fathom what awaits bankruptcy judges. Nevertheless, I’m confident that when the stay-at-home emergency order is lifted, the judiciary will rise to the occasion and move cases to disposition efficiently and effectively. While the court’s use of electronic tech- nology continues to grow, not all of what we do readily lends itself to remote appear- ances. The human element in a settlement conference, which is so often critical to its success, is best conveyed and perceived in person. Advances continue to be made in the quest for a virtual trial, but, legal issues

Historically, judicial institutions have been slow to embrace technology, eschewing revolution and preferring evolution based on experience gained over time. Remote hearings are rare in the Daley Center, although last year I received the testi- mony of an expert witness in a bench trial remotely over Skype. Don’t let the carbon paper in our courtrooms fool you, though. As the judicial response to the Covid-19 pandemic illustrates, courts, when com- pelled, can turn on a dime. Who would have imagined just a few short weeks ago that bond review hearings would be held remotely (not just for the defendant but for all participants) and live-streamed on YouTube! The Illinois Supreme Court will hold its May oral arguments over Zoom and live-stream them on its YouTube page. Even the United States Supreme Court has held its arguments remotely and, in a first, provided live audio to the public. Thus, courts can and will embrace modern technology to provide access to justice in times of crisis. There will, no doubt, be plenty of practical and legal issues to sort through as the use of elec- tronic technology grows, not the least of which is how to bridge the technological divide across Illinois counties. However, the genie is out of the bottle, and hopefully our courts and county governments will embrace electronic technology to promote

Domestic Relations Practice During the Covid-19 Pandemic BY CLARE MCMAHON

The Covid-19 pandemic affects the domes- tic relations practice in two primary ways: first by affecting businesses and office management, and second by affecting case management, and emergency situations in particular. Keeping a Practice Alive It is becoming apparent to many practitio- ners in all areas either that their margins

are too thin, or that they’re going to have to take substantial financial losses in hopes of carrying their businesses into good times. Many domestic relations firms run a business model that is fueled on collec- tions. The reality of divorce and custody cases is that they are needed litigation even when the money is not there. That means that many, many offices have a practice of allowing clients to run up a balance (to

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