What to Do When You Have a Virtual Court Hearing: A Judge’s Perspective

By Hon. Katherine A. Bacal 

Good morning, court is now in session. Does it matter that in the courtroom there’s only me, my clerk, and a video screen or telephone? Even if you’re only a small picture on a monitor or a voice over the telephone, you’re still appearing in court. The Bar Association’s Attorney Civility and Practice Guidelines, which have been adopted by the Superior Court, express an expectation that lawyers “appearing in court” dress neatly and appropriately. We know many of you are working at home and feel for you. But even if you’re at home, when you show up on our video screen, you’re also appearing in court. However nice your pajamas may be, they are not appropriate court attire. Nor do we want to see you in your robe or bathing suit, even if your home office is by the pool. 

If you really don’t want to put on your full “attorney uniform,” dress like a weatherman — no one will see the shorts and flip flops, as long as the camera is focused on your face. But, along those lines, it’s really helpful if you test your camera; no one wants to see a close up of your nose. Even if you just appear by phone, dressing the part might help you feel the part. And while we’re talking about appearing by phone, my clerk asked me to relay how important it is that we can hear you — and only you. Yes, if you’re at home, your dogs might bark, your doorbell might ring, and your kids (who are at home but trying to go to school remotely) may want to ask you a question. If you put the court on speaker, we hear it all. (Did you hear about the proceeding where everyone heard the toilet flush?) 

We can’t wait for the day we get to see you all back, physically, in the courtroom. Until then, stay healthy and remember when you represent a client at a hearing you are, in fact, appearing in court.

Hon. Katherine A. Bacal, Civil Supervising Judge, San Diego Superior Court