Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Monday, May 2, 2022

A Hybrid Future for Oral Argument?

Happy end of the semester and end of moot court season for all of the academics and coaches out there. While most academic classes have been in-person this year, many moot court competitions have remained virtual.

Readers of this blog will remember that in March 2020, I posted about how the University of Arizona James E. Rogers College of Law moved its intramural moot court competition online in the wake of the COVID-19 pandemic. We learned a lot during that experience, and conducted the competition virtually last year. We were far more prepared for an online competition. I appreciated that I could draw judges from across the county--including a final panel that consisted of two Ninth Circuit judges and one Fifth Circuit judge. I also loved using an online scoring tool that did away with my manual entry of scores.

This year, however, we opted for an in-person competition. It was nice to see the judges and students in person, and the competition started the week after the University lifted its mask requirement, another plus for oral argument. And while the bulk of judges and students appeared in person, we did get to experience two types of hybrid arguments--arguments that give me hope for a hybrid oral argument future.

The first hybrid argument involved three in-person judges, one in-person student, and one virtual student. The student had traveled to the Federal Bar Association Indian Law Conference, but then advanced to the elimination rounds that Saturday.  We held the round in our appellate courtroom, with the student appearing on a huge television screen facing the judges. Our fabulous IT team brought in a camera that we placed in the courtroom to focus on the bench, so the virtual student could see the judges. We did not have a camera on the in-person student, which was certainly a downside.  Overall, the argument went really well, and the virtual student even advanced to the semi-final round! We did have a few sound issues, which could have been improved by the student using some type of earbuds or headphones and better speakers in the courtroom. 

Our second hybrid argument was the final round, where one of our judges needed to appear remotely. This argument was held in our largest classroom. We placed the in-person judges at two tables in the front of the room. Between the two tables was the podium for teaching. On the podium was a monitor and camera, which faced the advocate. We also had the big pull down screen that we typically use for class powerpoints and materials.  Our virtual judge appeared both on the smaller monitor on the podium and the big screen. The smaller monitor with the camera allowed the advocate to look directly at the judge (and the other judges who were at a similar eye level. The large pull down screen allowed the participants to see the virtual judge. Once again, the hybrid format worked well. The virtual judge was able to actively participate, and there were only a few times where I thought we had sound issues.

As I noted above, these experiences give me hope for a hybrid oral argument future. I have been clear before on this blog that I support virtual arguments for attorneys who request them. With the right technology and a little bit of understanding, virtual arguments can be a successful alternative to an in-person argument.  This is even true if some attorneys or judges are in-person.  I was at our intermediate appellate court last week. Although the courtroom isn't new--it has been modified for online arguments, including cameras at both counsel tables and at each judge's seat. I suspect that persons designing courtrooms of the future will include better cameras, screens, and speakers for virtual or hybrid arguments.

While I suspect that moot court competitions will move more in-person next year, I am encouraged by this embrace of technology for the future.

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