CHARLESTON – Oral arguments before the state Supreme Court usually are broadcast online, but the April 14 session was an historic one.
The five justices and the parties took part in the court's first remote oral argument docket. The court heard two abuse and neglect cases. Everyone taking part – and everyone watching online via YouTube – could see each justice and the parties presenting their cases. All of the justices were working from their homes.
“I think it went well,” Chief Justice Tim Armstead told The West Virginia Record. “I think everyone was able to hear the discussion, and the justices were able to ask the questions we had about the cases.”
Armstead
There were a few glitches. For example, Justice Evan Jenkins’ video feed froze a few times, but he still was able to hear the arguments until things worked normally. And one attorney had some technology issues, so everyone took a short break until those problems were resolved.
“We were able to address those glitches fairly easily,” Armstead said. “We plan to make some adjustments to the technology to address the problems we had. I think we’ll be able to function well.”
Armstead said the justices decided beforehand that they’d allow the attorneys to present their arguments, then they’d take turns asking follow-up questions. Typically, when there are oral arguments in the Supreme Court chambers, the justices ask questions whenever they want, even stopping attorneys during their presentations.
“We thought that if any justice jumped in and asked a question it would be confusing, so we agreed up front to let the attorneys make their arguments and then we’d go around and ask questions in turn,” Armstead said. “Everyone got to ask their questions. It all went smoothly, I think.”
Justice Beth Walker agreed.
“We wanted to make it just as available to the public as it is when we have arguments in the courtroom,” she said. “We wanted everyone to see all five justices. We want to be transparent while being respectful of everyone’s health. With these abuse and neglect cases, it’s so important that these be adjudicated as soon as possible so they can move on, whether it’s adoption or going back to their parents or whatever it may be.”
Walker said the court had a few dry runs to see how the technology worked.
“An age-old problem in West Virginia is that our internet access is not spectacular in some areas of the state,” she said. “We couldn’t do this if the advocates didn’t have the right broadband and software. That remains an important issue.
“But, we wanted it to be convenient to everyone while still being and feeling official. We thought having a uniform background with the five justices would do that. If you look at what other Supreme Court around the country have done, we still have a certain amount of decorum to uphold. And I think we did that.”
More remote oral arguments are scheduled for April 21.
“We’re taking it a week at a time,” Armstead said. “We don’t know when we’ll be able to resume actual in-person hearings. So, at this point, we will look at the arguments scheduled for the remaining weeks in the term.
“If we have to do hearings remotely, that won’t be a problem. We’ll continue to do that. And perhaps, we’ll open it up to civil cases.”
Armstead said some parties with cases scheduled for arguments during the spring term have been given the option of submitting their cases to be decided on briefs.
“If there are cases that have been continued that don’t fit within the judicial order, then we have given the attorneys that option,” he said. “A few parties have agreed to that, so we’ll just decide those cases based on briefs provided.”
Armstead said the court looked at the criteria put forth in the executive order, so that’s why they’re hearing only time-sensitive criminal and abuse and neglect cases. He also said the court is trying to be as accommodating as it can during the Coronavirus pandemic.
“The health of our fellow West Virginians is a top priority at this challenging time,” he said. “But, the things we’re learning now will help us in the future. We’ll be able to use technology more effectively.”
Despite the few glitches, Walker said the court is thrilled that it went so smoothly.
“And, it also has created some innovation in our offices,” she said. “I already had a paperless office, so it wasn’t as big of an adjustment for me to work from home. But now, some of the other justices are working to go paperless in their offices. Challenges breed innovation.”
Walker also said the attorneys and guardian ad litems deserve praise as well.
“We’re very grateful for the advocates,” she said. “Not all of them would have chosen to do arguments on their computers. But they all rose to the occasion and did a marvelous job. We’re grateful for them being willing to adapt to changes.”
As with all arguments, the April 21 docket will be webcast on YouTube via a link on the West Virginia Judiciary website at www.courtswv.com. The docket, which will be updated as needed, also can be found on the site.