Wednesday, July 22, 2020
This week, the American Academy of Appellate Lawyers issued a thoughtful set of best-practice recommendations for courts hearing remote oral argument. As this press release explains, the recommendations are the work of a task force of AAAL fellows with experience in remote oral arguments. The Fellows' guidance is driven by the AAAL's longstanding position—which we've previously discussed here—that "oral argument is, and should remain, an important part of the appellate process."
Notably, the report doesn't embrace remote oral argument as the new normal. Although it acknowledges that, post-pandemic, continued availability of remote options could make argument practical where it might not otherwise be—a good thing—it stresses that remote argument is a pale substitute for in-person argument. So remote argument shouldn't become "an automatic or self-justifying way of doing things when it is no longer necessary." Instead, the report emphasizes bringing normal into the new: a key animating principle is that courts and advocates should strive to make remote oral argument as much like in-person argument as possible.
The suggestions it offers are practical and actionable both for courts and for advocates. The Academy's fellows urge courts to use a video-based platform over an audio-only solution and present experience-driven reasons why. At the same time, the report wisely identifies adequate sound quality as preeminent for participants and listeners. And it offers solid advice about how to achieve that: among other things, it urges advocates and judges to consider environmental factors like room size and features. Small spaces with hard walls might produce echoes. Stuff like curtains and bookshelves help reduce echoes and ambient noise. And so on.