
On Friday I went to a seminar put on by the Chief Justice Commission on Professionalism that was called Professionalism and the Georgia Court Reopening Guide. When I say went, I mean, I live-streamed the seminar on Zoom while sitting at the kitchen eating leftovers for lunch. This seminar looked appealing for several reasons, not the least of which was that it was free. But the real reason for going is that as a lawyer, I am interested in the court system reopening and getting back to business from the CoVid-19 pandemic. The seminar also featured a very distinguished list of speakers, including members of the Court’s CoVid-19 Taskforce, the Wellness Committee, public health officials, not to mention the President of the State Bar of Georgia and the Chief Justice of the Supreme Court of Georgia.
The seminar took place in a panel format and was very informative as to the measures that the Courts in Georgia are taking to try to get back to business as usual. Admittedly, in the early days of the pandemic, the Courts took adopted a strategy of closing down all but essential functions and tried to ride out the storm. However, we are now on the fourth extension of the Statewide Judicial Emergency, and on Tuesday, the Supreme Court is anticipated to issue the fifth extension. This pandemic is taking a toll on the courts, the litigants and the lawyers, creating massive backlogs and issues that are important to the citizens unresolved. Chief Justice Harold Melton commented, “We’re now going to be six months without jury trials. We are going for six months without grand juries. That’s huge.”
We cannot just hunker this thing down and ride out the pandemic. The Courts have to reopen and resolve cases safely in a manner that is fair to all involved. The medical experts pointed out the facts and figures, and CoVid-19 is not going away anytime soon. While innovation and technology are undoubtedly crucial to reopening, the roll of professionalism amongst the bench and bar is the only way that any of it is going to work. Lawyers are going to have to work with each other for any of these new procedures and methods to work. It is going to take dialogue and the ability to “agree to disagree” to exchange evidence and get it presented to the Courts. Lawyers and Judges that are stuck in their traditional ways are going to have to try new procedures and practices to be able to get anything done.
Just like the rest of the public as a whole, this pandemic is taking its toll on the legal profession. As Javoyne Hicks, Chair of the Wellness Committee for the State Bar of Georgia, said, “We are all in this together, but we’re not all in the same boat.” While some lawyers have been able to thrive in the face of this crisis because they are in large firms or their practice is conducive to handling matters while the courts are shut down, others are barely getting by. Some lawyers depend on getting cases concluded in court to get paid. Other lawyers have medically fragile or have concerns that engaging in the face to face practice of law could expose their family members to this deadly virus. Additionally, lawyers in some rural areas of this state have limited access to technology like high-speed internet that fuels the innovative means of reopening the Courts.
Lawyers are finding themselves stressed, anxious, and depressed as this pandemic continues into its sixth month. The State Bar of Georgia has programs available to help lawyers dealing with these trying times that are taking their toll on the mental health and well being of its members. A healthy lawyer is an effective lawyer. However, it is important to remember, as Dr. Mark Swancutt of the Fulton County Board Health said, “In human history, we have survived the Bubonic Plague, we survived the Spanish Flu, Ebola, SARS, and even the Zika virus. We will survive this too, and life will return to normal.” It was good to hear an optimistic note from a medical professional as a move forward.
