Holding court amid a pandemic

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Courthouses and courtrooms have been no less hard hit by the pandemic than anywhere else. Some recent, highly publicized cases have put judges in a spot they don’t generally like, the spotlight. With how judges at all levels are faring, Federal Drive with Tom Temin turned to the president of the National Judicial College, retired Coast Guard chief trial judge Benes Aldana.

Interview transcript:

Tom Temin: First of all, just give us a little bit of background on the National Judicial College. I’m not sure that’s an entity that a lot of people are fully aware of.

Benes Aldana: Sure. The National Judicial College was founded in 1963 by justice Tom C. Clark. There was a taskforce that was created to see what was needed to provide continuing education to primarily state judges at the time. And so the institution was founded with the support of the American Bar Association and a number of foundations. It was first located in Colorado Springs and had a successful year and then a year later, it was relocated to Reno, Nevada, where it has been since then, with the number of support by local individuals here and foundations and continuing support from a number of organizations, so we’ve been here since then.

Tom Temin: And you get military judges and also the administrative law judges from the federal levels to your courses occasionally?

Benes Aldana: Yeah. So while our primary focus is state court judges, we do have judges attending our courses from the federal side, mostly military judges, and also federal administrative law judges. We have a counterpart in Washington DC, the Federal Judicial Center that primarily provides traditional education for article three judges.

Tom Temin: Got it. Well, if I had my choice, I’d much rather head out to Reno for a course than in Washington DC. But be that as it may, in the contact with the judges of all levels that are coming through — what’s your sense of the effect of this pandemic on courtrooms and court proceedings and on the judges themselves?

Benes Aldana: Well, as you probably know, a lot of the courthouses have closed for their operations since mid March started up Dammit, you know, with some limited video conferencing or virtual conferencing to hold some hearings, we probably seen in the news, some have resumed some level of jury trials, although not a lot and probably some backlogs at the end of the year once the courts reopen fully. I think the courts are currently monitoring every situation for continuing fluidity in terms of reopening operations. The courts have really been focused on making sure that the courthouses are safe places. But none of the in person hearings are currently taking place generally. And what judges have found out is that a lot of the virtual hearings have actually been effective. And I think that the current pandemic has shed light on the fact that some of these platforms are here to stay.

Tom Temin: I can recall the first time anyone remembers seeing a computer laptop in a courtroom, and that dates back to the OJ Simpson trial quite a long time ago. So it sounds like the technological revolution, to some degree, has come into the average courtroom that they can conduct hearings and conduct proceedings remotely.

Benes Aldana: Yes. I think that before the pandemic, if you’d asked judges if they’re willing to hold teleconference or video conferencing hearings, probably a lot of reluctance, but I think those who have held teleconferencing and videoconferencing hearings have been surprised I think and have been welcoming. And so here at the National Judicial College, we’ve had a series of webinars related to teaching judges how to effectively hold those hearings. Our partner organization, the National Center for State Courts have also had a number of working groups to assist the courts in dealing with these challenges.

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Tom Temin: As a former judge of long standing and been involved in these matters for many, many years — is it possible for judges to get the I don’t know, psychology of the person that’s before them for example? I mean, as a judge dude sometimes size up a person and their mannerisms to tell whether you believe them or not, and if that so can that transfer to the video setting?

Benes Aldana: I think that’s probably one of the challenges, I think not only for the judge for the jurors who potentially would be hearing the case virtually is being able to have that type of dynamic. That’s one aspect that’s probably lost, but it’s something that the courts are aware of and trying to deal with.

Tom Temin: On the other hand, some people are intimidated by the online technology. I know many people that don’t like to have their camera on during Zoom sessions, because they can’t stand looking at themselves for whatever reason. So it kind of works both directions, too, doesn’t it?

Benes Aldana: Right. I think during the early part of the pandemic, when judges started using Zoom or other platforms to hold hearings, there was a number of hiccups and challenges, but I think as we continue to grow more comfortably with technology, not only judges but other court participants, I think it’s getting better. There’s no substitute for an in person proceeding, but obviously the current challenges, we need to do something to be able to continue some of these hearings. So, and in the criminal context, there’s a number of constitutional implications that presents challenges and not having a speedy trials and having to hold potentially a virtual jury trial. Those are all issues that the courts are aware of and grappling with right now.

Tom Temin: And I wanted to ask you about the judge whose son was recently murdered. This made all of the newscasts and so forth in a terrifying incident. And in general, do you get the sense that the dangers to judges is on the rise and how do judges feel about it that you’ve come in contact with?

Benes Aldana: Well, I was recently interviewed and I had mentioned that it’s inherent part of the job and judges are trained and at least here at the National District College, judicial security is something that we take seriously and we incorporate in our courses for new judges providing them some training both in terms of their own personal security but the security their families. And so I really feel sorry what happened to Judge Salas and extend our condolences to her. But it’s inherent part of the job and we are trying our best here to make sure that judges get the proper training and develop necessary security steps to make sure that they protect themselves — and also courts are also working. Courts and court administrators are working on this issue. I recently attended the conference of Chief Justices and the conference of State Court Administrators. This definitely continue to be a high priority on their radar to make sure that their judges and court staff are safe and secure.

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