Page 12 - Delaware Lawyer - Fall 2020

FEATURE
the number of positives, hospitalizations and deaths. We had frequent sleepless and restless nights worrying about our employees.
Employees are now required to wear masks and follow the CDC’s guidelines for handwashing, using hand sanitizer, and social distancing. In addition, we have discouraged employees from con- gregating in common areas, and we have equipped work stations and court- rooms with Plexiglas. The modifica- tions required extensive planning and coordination in both the shared court- house in New Castle County, and the two freestanding buildings in Kent and Sussex Counties, with additional chal- lenges created by the inadequate size of the courtrooms and waiting areas in the lower two counties.
The employees of Family Court have been very responsible during this pan- demic, and they are to be commended for exemplary work during the last six months.
Zooming Technology
So how does a court continue to hold hearings, avoid a backlog and continue to administer justice when the court- house is closed to the public? The simple answer is technology or audiovisual de- vices, and the more specific answer is Zoom. From the first week of COVID, Family Court used Zoom. We pur-
chased numerous licenses to enable us to expand our ability to conduct hear- ings remotely. We also mixed in Skype for Business video and audio confer- encing. Early on, the Sussex County Commissioners and staff used Zoom to triage PFA calendars to determine if consent orders could be reached and whether an in-person hearing was nec- essary. We quickly switched to a Zoom platform for all of our virtual hearings. Having a dedicated Zoom expert was essential for developing Zoom proto- cols, issuing security guidelines, and training judicial officers and staff on the use of Zoom. Our expert also offered training for members of the Bar.
Access to justice is an essential ele- ment of the judicial system, and one byproduct of the pandemic and re- mote hearings has been that litigants can participate in their hearings with- out the added hassles of coming to the courthouse. Some judicial officers report that hearings are timelier and less traumatic for those who previ- ously would have been in person for hearings.
The Work Continued
As detailed in a report to the Chief Justice on July 7, Family Court con- tinued operations at a surprising rate, considering the restrictions in place and the limited staff in the courthouses. I
reported that from the onset of the crisis, we continued to hold hearings for dependency and neglect; PFA; emer- gency custody, guardianship and visita- tion; and juvenile delinquency and adult criminal matters for detainees. In ad- dition to those emergency and priority matters, we continued to have telecon- ferences and case management confer- ences (CMC) in non-emergency cases. For example, between March 15 and June 15, some 950 CMCs were sched- uled. Where appropriate, the judges held hearings remotely on issues of cus- tody, property division and other civil matters. In total, 6,714 dispositions were entered during this three-month period as the court continued its work. Although fewer dispositions than the same period a year ago, it is nevertheless impressive when one considers the com- plete overhaul of how we were conduct- ing business, the additional time that is required when conducting hearings remotely, and the reduced number of support staff in the building.
Dedication of Staff
The Family Court judicial officers and staff demonstrated remarkable courage and dedication to continue the important work of the court dur- ing these unusual times. We had to pivot quickly, and often to the point of frustration of those who were the “ben- eficiaries” of the changes. Procedures, policies and practices changed quickly, which wouldn’t have happened ordinar- ily in the public sector. Those changes and improvements were necessary to continue our operations. This was a perfect example of the phrase “neces- sity is the mother of invention.” Many changes made in the last six months will continue into the future.
While no one wants to experience a pandemic, I am proud of the work that the Family Court did during these stressful and unprecedented times.
10 DELAWARE LAWYER FALL 2020
SEAN O’SULLIVAN