CBA Record September-October 2024

Based on survey data, the committee concluded that remote court appear ances have had a positive effect on the court system and that flexibility should be considered when determining whether a court appearance should be in-person, remote, or hybrid. Survey respondents felt the reason for the appearance is the most crucial factor affecting whether a court appearance should be remote or in-person. Attorneys preferred in-person trials, oral arguments, and hearings on dis positive motions. In contrast, the over whelming finding was that appearances for status, case management, or sched uling orders should be done remotely. Although attorneys recognized a need for hybrid appearances, they were not the preferred method for any specific court appearance. Additionally, attorneys with more practice experience liked in-person appearances more than attorneys with less than 10 years of experience. The in-person experience was valuable in improving camaraderie; building rela tionships with judges, opposing counsel, and staff; promoting settlements and resolutions; and providing an essential training experience for newer associates. Attorneys of all years of practice who pre ferred remote court appearances appreci ated the efficiency and cost savings for clients as well as the ability of clients, pro se or otherwise, to attend remote hearings more conveniently. Although most attorneys indicated a need for judges in the same division to have a uniform approach to remote court appearances, they also acknowledged that judges should be given discretion in oper ating their courtrooms. Based on these findings, the committee recommended that uniformity regarding remote court appearances exist across each court divi sion. Each division could implement a standing order to allow remote court appearances. Under the standing order, each judge would have discretion as to which days of the week to conduct remote and in-person court appearances. The committee also found that remote court proceedings are a valuable resource

Exploring Hybrid vs. In-Person Best Practices in the Courtroom and the Workplace

By Ann Glynn, CBA Public Affairs Director

T he Covid-19 pandemic forced court systems and workplaces worldwide to shift to virtual opera tions swiftly. Perhaps not surprisingly, remote work and court appearances con tinue post-pandemic. 2023-24 CBA Pres ident Ray J. Koenig III, Clark Hill PLC, and the CBA Board of Managers estab lished two ad hoc committees to address issues facing the legal industry regarding the value of hybrid vs. in-person engage ment in workplaces and court hearings. The committees’ findings are summarized below. Post-Pandemic Court Practices The Post-Pandemic Court Practices Committee, co-chaired by CBA Board

of Managers Member Nishá N. Dotson, Law Office of the Cook County Public Defender, and 2024-25 CBA President John C. Sciaccotta, Aronberg Goldgehn, explored best practices for remote, in person, and hybrid court appearances in Cook County. In Spring 2024, the Committee gath ered over 400 survey responses from practicing attorneys and judges across the county. These responses informed the Committee’s proposed recommendations to the Circuit Court of Cook County regarding the best procedures and proto cols for remote, in-person, or hybrid court proceedings. The goal was to identify the benefits and challenges of all options in both civil and criminal practice areas.

10 September/October 2024