FL Judge Urges Lawyers To Get Out Of Bed For Zoom Hearings

FORT LAUDERDALE, FL — A Florida judge is urging lawyers to get out of bed for Zoom hearings and maybe even comb their hair. At the very least, they should remember to put on a shirt.

“We’ve seen many lawyers in casual shirts and blouses with no concern for ill-grooming, in bedrooms with the master bed in the background,” wrote Broward County family judge Dennis D. Bailey in a post on the Weston Bar Association website.

Bailey noted that a male lawyer appeared shirtless during one Zoom call while a female attorney was in bed under the covers for another video call.

“It is remarkable how many attorneys appear inappropriately on camera,” the judge observed in his post, which was titled “A Message from Broward County Judges.”

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Bailey, who was publicly reprimanded by the Florida Supreme Court last year for his “intemperate treatment of attorneys” during a criminal matter, emphasized that Zoom hearings are still legal proceedings.

Broward County has conducted 1,200 Zoom hearings with 13,771 participants since March, according to a spokesperson for the county court system. First appearances are also being conducted via Zoom and livestreamed on YouTube.

“They are not casual phone conversations,” Bailey insisted. “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.”

The jurist acknowledged that Zoom hearings take more time than in-person hearings because of lag time and people talking over one another.

“Often, 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,” Bailey said.

The judge also said there is no such thing as an objection to Zoom. He urged attorneys to resolve as many issues as they can through negotiation and then “buckle up” for the virtual courtroom.

“At the end of the day, we conduct these hearings as best we can, knowing we’re running on one of those miniature spare tires we pulled from the trunk rather than a ‘real’ tire,” Bailey conceded. “But it will get us to where we need to go if we decrease our speed and increase our caution and shorten our trip.”

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