As we start making our way out of the pandemic, many are wondering what we will take with us. In particular, the legal community wants to know whether any of the remote proceedings or procedures created during the pandemic will take root and become a permanent part of the practice of law.
If you missed it, there was a Joint Hearing of the Assembly Judiciary and Senate Judiciary on February 23, 2021, that touched on the many factors legislators and our courts are looking at with regard to remote proceedings, including concerns over implementing statewide rules, the impact on court operations and varying court infrastructure, costs to the court, savings to clients, safety of users, ease of use, and access by the public.
Currently, three bills are pending which address retaining at least some remote practices. SB 241 (Umberg) seeks, in part, to amend California Code of Civil Procedure (CCP) Section 367.8 to allow the appearance of witnesses in civil actions by stipulation of the parties or by filing a motion requesting permission to appear remotely. SB 538 (Rubio) requires the courts to receive electronic filing and permits remote appearances of both the parties and witnesses in the context of DV and gun violence restraining orders under the Family Code and Penal Code. AB 716 (Bennett) requires public access to every court, including remote access to audio streams on the internet or telephone to observe court proceedings, adding language to CCP Section 124. I encourage you to take the time to review the proposed legislation and share your thoughts on what works and what still needs tweaking with your Representative.
Locally, you can learn where our court stands now, and where we might be heading in the future, by registering for tomorrow’s State of the Court Address: San Diego Superior Court featuring Presiding Judge Lorna A. Alksne and next week’s State of the Court Address: U.S. District Court, Southern District featuring Chief Judge Dana Sabraw.
I look forward to seeing you there!
Yours,
Renée N.G. Stackhouse
2021 SDCBA President
Reading now: The Tuskegee Syphilis Study by Fred D. Gray
Listening to: Beautiful Mistakes by Maroon 5 ft. Megan Thee Stallion
What are you reading or listening to? Tag us #sdlaw #sdcba