REMOTE HEARINGS – The good. The bad. The ugly.

We have all experienced and read about the horrors of Zoom, Microsoft Teams, and other virtual meetings.   From work to school to family gatherings, complaints abound:

  • Loss of connection
  • poor audio
  • frozen face
  • “you’re muted”
  • camera off
  • Everyone’s talking
  • No one’s talking
  • watching people eat, drive, etc
  • video bombing by kids and pets
  • Clothing surprises
  • No clothing

The list goes on and on.  Now imagine trying to conduct a court hearing under these same conditions.  Imagine trying to cross-examine someone virtually.  Imagine trying to help your client tell their story.  Imagine trying to introduce evidence.  Imagine trying to give a closing argument.  It was not ideal to say the least and I, as a trial attorney, am happy to be returning to court in-person.

But, enough complaining!  There were some positives to the process from the client’s perspective.  Here is a list of the good stuff:

  • No commute to court
  • No waiting in the court hallways for hours
  • Clients had me all to themselves since only one matter scheduled at a time
  • My clients were at my office = more relaxed, comfortable, beverages and snacks provided
  • Client did not have to literally “take the stand”
  • Client did not have to testify in open court
  • If client got emotional, court often gave option to “take a break” which could be done in private
  • And the crowd favorite, clients were able to put stickies over the opposing party’s face

Alas, there is some blessing to be found in every struggle.  Here’s to the blessings.

COURTS RE-OPEN FOR BUSINESS – Have to deal with back-log

Throughout the pandemic, the courts have been working in a very limited capacity.  Only emergency family matters and arraignments have been taking place in person.  Beginning June, 2020, some family matters involving only attorneys and judges, such as status conferences and pre-trials, were conducted remotely.  Shortly thereafter, remote family hearings for short matters began.  Since then, the judicial branch and family bar have been testing out various new procedures, rules and formats to expand remote justice for family law.  Agreements and other pleadings were taken “on the papers,” not requiring any appearance, and full fledged hearings and trials, with cross examination and entering of exhibits, were conducted via Microsoft Teams.  Trying as it has been, at least we got movement and resolution on many cases in some courthouses.  Each court is its own island and some were more habitable than others.  Attorneys, too, varied in their willingness and ability to pivot during the health crisis.  But at least the opportunity was there.  Family law, for all its challenges, was just about the only type of case being handled remotely.   With the exception of workers’ compensation (the subject of another article), all others (criminal, personal injury, contracts, foreclosures, bankruptcy, probate) were essentially closed for business.

Effective immediately, all newly scheduled family law hearings longer than ½ day (approximately 3 hours) will be in person at the courthouse.  Meetings with family relations will also be in person. Those matters already scheduled, and new matters expected to take less time, will remain remote until further notice.  Status conferences and pretrials are expected to remain remote indefinitely.

Family court suffered a minimum three month delay for non-emergency matters (some court jurisdictions much longer).  Other court matters have been delayed for almost a year and one-half.  This means major back-log for court personnel.  It is going to take some time for the courts to triage cases and schedule them for hearings.  We are seeing a minimum of a four month wait for family matters that are either new or that were pending when the pandemic hit and have not yet been addressed by the court.  I suspect that other court matters will see an even longer wait.

Divorce in CT during COVID

COVID-19 Progress: Courts now taking AGREEMENTS on the Papers which means NO COURT APPEARANCE NECESSARY

“Helping You Through Life’s Trials” is not just our tag line, it’s what we do. The attorneys at Bellenot & Boufford, LLC have been representing the interests of our clients for over 26 years. Located in Monroe, Connecticut, the office most regularly services court matters out of Danbury, Bridgeport, New Haven, Milford and Waterbury. Attorneys Ronald K. Bellenot, Sr. and Kathy Boufford handle a wide range of legal services. Attorney Bellenot practices in the areas of Bankruptcy, Foreclosure, Criminal, and Personal Injury law. Attorney Boufford practices in the areas of Family and Workers’ Compensation.

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Covid-19 – Family Law Update

How Family Cases are progressing during the Pandemic

Since last writing, in May, 2020, there has been much progression with family law cases.  Up until then, the courts were still only hearing emergency matters and had just begun to accept some agreements without court appearances by the parties.  Starting in June, the courts began holding status conferences and pretrials with judges remotely.  The status conferences were an attempt to triage cases for future court attention.  The pretrials were an attempt to settle and dispose of cases.  The first remote hearings began at the end of July.  It was a bit like the “Wild West” as attorneys and the courts navigated the ever-changing rules concerning remote hearing procedure.  Over six months time, and a lot of “clarification,” later and things are still murky.  I’ve determined that the best approach is to just go with what I think is the correct procedure given the guidance provided and ask for assistance when needed.  It may not be surprising to hear that often the clerks and judges don’t have all the answers either.  Together we’ve been able to sort through the uncertainties with the joint goal of moving the cases forward in a fair and consistent manner.  Communication, empathy and humbleness are key.  I’m pleased to report that I’ve gone through many, many remote hearings successfully.  It’s not ideal, but it can be done.

In an attempt to address the growing backlog of cases filed, the courts have instituted many different remote proceedings.  Some were tried for a short period of time and discontinued.  Some remain.  It has been interesting (and sometimes frustrating) to be a part of this process.   Even the court’s handling of emergency “Priority 1” cases has evolved.  These are the only cases, still, that take place in person at the courthouse.  My first such hearing in early April did not even require that I wear a mask(!).  I think I showed up in a scarf only because it was very cold.  Everyone was told to wait outside.  They took my cell phone number and told me to wait for a call.  My “meeting” with Family Relations was replaced by a phone call where they took down my information and then called the other party to discuss the case with them.  Then called me back…. Not too successful in reaching an agreement as you might imagine.  When we were allowed to go in, it was as if we all had the plague.  The spacing was comical but understandable.  The witnesses were not allowed to “take the stand” and instead were told to testify from counsel’s table (it was OK if the client was next to me, just not the court personnel…..).   Remember when people were afraid to touch paper?  I couldn’t get the clerk to take my Appearance Form.  Finally a marshal with gloves grabbed it and placed it on her desk which did not make her happy.  It’s probably still there.  Well, we made it through the hearing, regardless.

My next hearing was in another court a few weeks later.  By then I had to wear a mask and they were letting attorneys come into the court to sign in but not sit down as all the benches were either removed or blocked from use.  My client had to wait in the car.  Family Relations was still by phone.  When time for our hearing, my client and I were actually put in a courtroom with a monitor while the other party and attorney went into another courtroom with the judge, marshal, clerk (basically everyone else).  We were forced to stand on top of one another in order to both utilize the monitor (so much for social distancing).  As if this was not bad enough, the video camera feeding the monitor was only pointing at the judge.  This was fine when I was talking or listening to the judge but appalling when I was trying to examine the witness and listen to opposing counsel.  I don’t know for sure, but I think this very unfair set-up was quickly aborted.  I have yet to talk with another attorney who experienced such a situation.

Since then, I’ve attended several more emergency hearings and things are getting more and more “normal.”  Family Relations meetings for Priority 1 cases returned to an in-person, albeit socially distanced, affair.  I and my client have been able to enter the courthouse and move pretty freely about the building.  Everyone is in the same courtroom and addresses the Court in the same manner.

Some districts are moving slower than others, for sure, leaving many wondering if their cases will ever be heard.  I am hopeful that these courts will gain traction in the near future.  It is important to keep inquiring about these stagnant cases.

It is my fervent hope that we will return to in-person justice soon.  While I am in favor of retaining some of the remote processes, no amount of technology can replace the immeasurable benefits of live examination, testimony and argument for hearings and trials.

Covid-19 Deaths and Workers’ Compensation

According to research, most people who contract the Coronavirus go on to make a full recovery. Many don’t even develop any significant symptoms. These workers quarantine and either work from home or receive some form of payment for lost work.  Some people, as we know from the news, are not so lucky. Their Covid-19 symptoms are severe. Some causing death.  My understanding is that the majority of these victims have been elderly and were probably out of the workforce, making them ineligible for workers’ compensation claims. However, if these people were employed, elderly or not, they or their families may be eligible for workers’ compensation benefits.

If they died due to Covid-19, their spouses and/or dependents can file a claim for workers’ compensation survivor benefits.  Like all workers’ compensation claims, the burden is on the worker or worker’s spouse/children to prove that the Coronavirus infection and death were related to the worker’s job.  Given the unusual circumstances of the pandemic, certain laws have been entered that make this burden a bit easier for certain employees.  This is especially true if the deceased employee was deemed an essential worker and lost time from work, between March 10 and May 20, 2020, due to contracting Covid-19 during this period.

Survivors’ benefits include funeral expenses and potentially weekly compensation benefits. If you lost a spouse or parent due to Covid-19 and think the disease may have been contracted at work, it is in your best interest to contact a workers’ compensation attorney to evaluate your case and determine if you have a valid claim.