This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.nytimes.com/2020/04/15/us/coronavirus-lawyers-court-telecommute-dress-code.html
The article has changed 25 times. There is an RSS feed of changes available.
| Version 9 | Version 10 |
|---|---|
| When Court Moves Online, Do Dress Codes Still Matter? | When Court Moves Online, Do Dress Codes Still Matter? |
| (7 days later) | |
| Justice is supposed to be blind. But in courtrooms, decorum matters. | Justice is supposed to be blind. But in courtrooms, decorum matters. |
| Judges typically dress in somber black robes. Lawyers, plaintiffs and defendants are encouraged to dress modestly to signify credibility. | Judges typically dress in somber black robes. Lawyers, plaintiffs and defendants are encouraged to dress modestly to signify credibility. |
| Does that change when court hearings are moved online to enable social distancing during the spread of the new coronavirus? | Does that change when court hearings are moved online to enable social distancing during the spread of the new coronavirus? |
| Absolutely not, according to one judge in Broward County, Fla. In a letter to lawyers that was made public last week, Judge Dennis Bailey of the 17th Judicial Circuit of Florida said that some lawyers were getting a little too lax. | Absolutely not, according to one judge in Broward County, Fla. In a letter to lawyers that was made public last week, Judge Dennis Bailey of the 17th Judicial Circuit of Florida said that some lawyers were getting a little too lax. |
| “One male lawyer appeared shirtless and one female attorney appeared still in bed, still under the covers,” he wrote. “And putting on a beach cover-up won’t cover up you’re poolside in a bathing suit. So, please, if you don’t mind, let’s treat court hearings as court hearings, whether Zooming or not.” | “One male lawyer appeared shirtless and one female attorney appeared still in bed, still under the covers,” he wrote. “And putting on a beach cover-up won’t cover up you’re poolside in a bathing suit. So, please, if you don’t mind, let’s treat court hearings as court hearings, whether Zooming or not.” |
| For people who are working remotely, videoconferencing has introduced a new range of etiquette questions. Can you get away with wearing pajama bottoms to a virtual meeting? And can you look professional if you don’t have a bookshelf for a backdrop? | For people who are working remotely, videoconferencing has introduced a new range of etiquette questions. Can you get away with wearing pajama bottoms to a virtual meeting? And can you look professional if you don’t have a bookshelf for a backdrop? |
| Those questions can be especially tricky if you work in the courts. “The legal profession is an interesting one when it comes to attire,” said Julie Zerbo, a lawyer and the founder of the Fashion Law, a blog that covers the legal side of the fashion industry. “It’s so rooted in tradition.” | Those questions can be especially tricky if you work in the courts. “The legal profession is an interesting one when it comes to attire,” said Julie Zerbo, a lawyer and the founder of the Fashion Law, a blog that covers the legal side of the fashion industry. “It’s so rooted in tradition.” |
| The letter from Judge Bailey was a rare glimpse into a judge’s personal view of court proceedings, and into the particular challenges of keeping the legal system moving when people can’t gather in person. | The letter from Judge Bailey was a rare glimpse into a judge’s personal view of court proceedings, and into the particular challenges of keeping the legal system moving when people can’t gather in person. |
| “What this letter puts out in the open is something that all courts should be aware of, which is that parties are going to be judged based on their appearance,” said Douglas Keith, counsel at the Brennan Center for Justice at New York University School of Law. | “What this letter puts out in the open is something that all courts should be aware of, which is that parties are going to be judged based on their appearance,” said Douglas Keith, counsel at the Brennan Center for Justice at New York University School of Law. |
| Video calls, he said, can introduce new complications: People may be judged not only on their clothes, but also on their surroundings or the quality of their internet connections. | Video calls, he said, can introduce new complications: People may be judged not only on their clothes, but also on their surroundings or the quality of their internet connections. |
| “Better resourced law firms will have the means to ensure that their attorneys appear in the best possible light — both figurative and literal light,” Mr. Keith said. | “Better resourced law firms will have the means to ensure that their attorneys appear in the best possible light — both figurative and literal light,” Mr. Keith said. |
| In an email on Wednesday, Jack Tuter, the chief judge of the 17th Circuit, said that he had not reviewed Judge Bailey’s letter before publication and that it did not reflect official policy in the circuit. In Family Court, he said, “many folks are self-representing and may or may not follow dress code rules.” | In an email on Wednesday, Jack Tuter, the chief judge of the 17th Circuit, said that he had not reviewed Judge Bailey’s letter before publication and that it did not reflect official policy in the circuit. In Family Court, he said, “many folks are self-representing and may or may not follow dress code rules.” |
| “As such,” Judge Tuter added, “we have expected appropriate dress but not necessarily enforced it.” | “As such,” Judge Tuter added, “we have expected appropriate dress but not necessarily enforced it.” |
| Judge Bailey, who did not immediately respond to requests for comment, noted in his letter that video platforms like Zoom can make it easier for lawyers to talk over one another, and over the judge. | Judge Bailey, who did not immediately respond to requests for comment, noted in his letter that video platforms like Zoom can make it easier for lawyers to talk over one another, and over the judge. |
| “Often,” he wrote, “lawyers are not looking at their screens but down at their files, their outlines and notes, or simply out the window, and cannot see the judge is hollering, ‘Stop! Stop!’ because an objection has been made and the audio stays with the witness rather than obeying the judge.” | “Often,” he wrote, “lawyers are not looking at their screens but down at their files, their outlines and notes, or simply out the window, and cannot see the judge is hollering, ‘Stop! Stop!’ because an objection has been made and the audio stays with the witness rather than obeying the judge.” |
| Mia Singh, a lawyer in Broward County and the president of the Weston Bar Association there, said she agreed with Judge Bailey. “I have seen employees on the other side of meetings looking like they literally rolled out of bed,” she said. “I don’t take them as seriously.” | Mia Singh, a lawyer in Broward County and the president of the Weston Bar Association there, said she agreed with Judge Bailey. “I have seen employees on the other side of meetings looking like they literally rolled out of bed,” she said. “I don’t take them as seriously.” |
| For years, Ms. Singh has been organizing meetings where lawyers and judges — including Judge Bailey, her former boss — talk shop. During the coronavirus pandemic, she wanted to make those connections online and considered putting together a newsletter for lawyers. | For years, Ms. Singh has been organizing meetings where lawyers and judges — including Judge Bailey, her former boss — talk shop. During the coronavirus pandemic, she wanted to make those connections online and considered putting together a newsletter for lawyers. |
| She was looking for candid input — free of stuffy legalese — and asked Judge Bailey to write something for a series called “Virtual View From the Bench.” She said that after he emailed his letter to her, she sent it to her network of lawyers across Broward County, and her bar association posted it online. | She was looking for candid input — free of stuffy legalese — and asked Judge Bailey to write something for a series called “Virtual View From the Bench.” She said that after he emailed his letter to her, she sent it to her network of lawyers across Broward County, and her bar association posted it online. |
| “Then it just went crazy,” she said. The letter was covered by local news outlets and shared widely on social media. | “Then it just went crazy,” she said. The letter was covered by local news outlets and shared widely on social media. |
| Updated June 22, 2020 | |
| A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. | |
| The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. | The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. |
| The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. |
| So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
| Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
| A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
| The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
| States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
| Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
| If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
| If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
| If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
| Ms. Singh said she shared the judge’s concerns about the Zoom platform, which often highlights the person who is speaking loudest. That can be annoying in any meeting, nevermind a court hearing. | |
| “It’s one thing if I can’t get a word in and my boss is going on and on,” Ms. Singh said. “It’s another thing when it’s a legal objection and you’re asking somebody to stop talking because whatever it is they’re about to say is going to prejudice the evidence.” | “It’s one thing if I can’t get a word in and my boss is going on and on,” Ms. Singh said. “It’s another thing when it’s a legal objection and you’re asking somebody to stop talking because whatever it is they’re about to say is going to prejudice the evidence.” |
| The way courts handle social distancing varies widely by jurisdiction; some are more technologically advanced than others. In recent weeks, the Texas Office of Court Administration has offered webinars and guides that show judges and lawyers who use Zoom how to dress, where to sit and when to mute. Court officials in Jefferson Parish, La., are using video calls for hearings and pleas; defendants can tune in from detention facilities. | The way courts handle social distancing varies widely by jurisdiction; some are more technologically advanced than others. In recent weeks, the Texas Office of Court Administration has offered webinars and guides that show judges and lawyers who use Zoom how to dress, where to sit and when to mute. Court officials in Jefferson Parish, La., are using video calls for hearings and pleas; defendants can tune in from detention facilities. |
| And on Monday, the U.S. Supreme Court announced that it would hear arguments by telephone over six days in May and — in a major break with tradition — allow live remote access to audio of the arguments. | And on Monday, the U.S. Supreme Court announced that it would hear arguments by telephone over six days in May and — in a major break with tradition — allow live remote access to audio of the arguments. |
| Mr. Keith said technology could be helpful in many instances. But he also pointed to studies suggesting that video communication had been associated with worse outcomes for immigrants applying for asylum or trying to avoid deportation, as well as higher bail amounts for people who are detained. | Mr. Keith said technology could be helpful in many instances. But he also pointed to studies suggesting that video communication had been associated with worse outcomes for immigrants applying for asylum or trying to avoid deportation, as well as higher bail amounts for people who are detained. |
| “Inequality and class and race — all of these things are definitely interwoven into the issues when we’re talking about all of this,” Ms. Zerbo said, adding that some courts have strict dress codes not only for lawyers but also for clients, witnesses and members of the public. “At what point does a dress code prevent justice being carried out, or people having access to their rights?” | “Inequality and class and race — all of these things are definitely interwoven into the issues when we’re talking about all of this,” Ms. Zerbo said, adding that some courts have strict dress codes not only for lawyers but also for clients, witnesses and members of the public. “At what point does a dress code prevent justice being carried out, or people having access to their rights?” |
| Last month, the Judicial Conference of the United States temporarily approved the use of video and teleconferencing for some criminal proceedings in federal courts. But a majority of states have suspended most criminal proceedings because of the coronavirus, and almost all have reduced them in some way, according to data compiled by the Marshall Project. | Last month, the Judicial Conference of the United States temporarily approved the use of video and teleconferencing for some criminal proceedings in federal courts. But a majority of states have suspended most criminal proceedings because of the coronavirus, and almost all have reduced them in some way, according to data compiled by the Marshall Project. |
| In his letter, Judge Bailey noted that his experiences with Zoom hearings were largely confined to cases in Family Court. Criminal cases in Broward County, he said, had been seriously disrupted by the coronavirus because they rely more on juries, and because clients have a constitutional right to be present during hearings. | In his letter, Judge Bailey noted that his experiences with Zoom hearings were largely confined to cases in Family Court. Criminal cases in Broward County, he said, had been seriously disrupted by the coronavirus because they rely more on juries, and because clients have a constitutional right to be present during hearings. |
| “Now the positive testing of some inmates in the jail system complicates matters even further,” he wrote. “Time will tell when those courts can return to functionality.” | “Now the positive testing of some inmates in the jail system complicates matters even further,” he wrote. “Time will tell when those courts can return to functionality.” |