Biding My Time

January 11, 2024


My father-in-law, who is in Colorado, would occasionally inquire if I was still working for the paper if he didn’t see an article with my byline. I think, by now, he understands there are many behind-the-scenes functions and duties that need to be completed to keep a newspaper going besides writing. The plethora of “non-writing” tasks our small team encounters could keep us busy for an eternity. While I find the actual “writing” of the paper is the romance of the job, bringing an incredible amount of joy, sometimes other things come first.

One humongous perk aside from having a job I am passionate about and the flexible hours (especially in the summer with the kiddos) is the freedom to cover news and other topics that interest me as a writer. Acknowledging folks in print by spotlighting servants in the Sierra County communities and in government — those making a positive difference through their endeavors and accomplishments — is delightful work. Promoting youth who set themselves apart in their communities through service, talents, and academic achievements is one way I “pay it forward.”

The “feel good” stories are a pleasure to write, and words flow easily and without burden. Of course, not every story has a happy ending. Some require a great deal of research, interviews, and conference calls, like The Plight of The Problem Bear, which ran on September 28th, 2023 — an article so long my spouse rolled his eyes at the prospect of having to engage in such a lengthy read.

These musings bring me to the Court Beat column, which has run twice. The idea behind the column is to highlight unique cases, which requires patience in finding something out of the norm. The challenge is exemplified by the Sierra County District Attorney’s Criminal Case Update for October — December 2023, in that most cases are filled with more of the same: DUIs, people busted for controlled substances, other drugs, and more drugs. While waiting for a defining case to appear on my radar, I have made two major observations about court reporting.

First, viewing the exchanges between judicial officers, attorneys, defendants, and plaintiffs on the Sierra County’s YouTube channel is more comfortably done in our warm office, sitting on a couch with a few pillows supporting my middle-aged back versus sitting in the hard pews of the courtroom. I am close to a coffee machine and a restroom; I can munch on a desired snack, control the temperature, and answer the office phone should it ring. The wasted minutes to hours of being shuffled out of the courtroom by a deputy due to confidential matters (forcing everyone not directly involved in the proceeding out into the foyer) is alleviated. Honestly, the only couple of drawbacks of not being there in person are when — for whatever reason, the court does not go “LIVE” in a timely manner. Often, by the time the session is LIVE, the viewers (roughly 20-30 of us) have missed the first 15 minutes of the proceeding, which is quite annoying. Once in a while, the phone will ring right in the middle of the case I am tracking, and I will lose momentum in taking notes until the call is finished and I can resume coverage.

Second, while biding my time, waiting for something worth writing about, I have been continually struck by the lack of decorum of those appearing on Zoom for a court hearing. Instead of treating the Zoom call in the same respectable fashion as one would if personally present in front of a judge — plaintiffs and defendants are seen and heard driving their car while talking, smoking cigarettes, wearing hats, cussing, having animals running amuck, constantly fidgeting with the camera, forgetting they are on camera, the list goes on. I watched an alimony case where both parties were on Zoom, and one told the judge the other party was “doing drugs” right in the middle of their hearing in plain sight. The judge indicated he did not witness the accused inhalation of whatever controlled substance supposedly happened on the screen; after all, the judge is often looking down and reading court documents aloud to the parties. But the ordeal made me ponder how society has fallen to another low.

Wondering if this issue is commonplace elsewhere, I researched “lack of decorum in Zoom court proceedings.” Article after article appeared. Surprisingly, there were quite a few publications written about attorneys lacking professionalism in this area. I was stunned. If anyone should know better, one would think an attorney would not need to be schooled on appropriate behavior for court proceedings regardless of where or how they are administered. Yet, here we are. Judicial officers will sometimes have to offer an admonishment, each in their own way, to steer the party with the inappropriate behavior back in line.

There are other frustrations brought on by court appearances through video conferencing through which a judicial officer must navigate. Technical difficulties, a party being “muted or not muted,” attorneys not showing up on time while their client waits in person or is waiting for their representation on Zoom, sometimes the court is waiting for an inmate at Wayne Brown or some other facility to be escorted out to join proceedings. For all the advantages of video conferencing, including not having to travel our roads in inclement weather, there is time wasted in these hiccups. I notice Judge Charles H. Ervin seems to exude a great deal of patience during moments others would find most irritating, exhibiting a “poker face” as he asks the court clerk to make a call to an attorney’s office to track down a missing in action lawyer, or he waits for a party to figure out how to work Zoom, etc. I often wonder what is running through his head and can only imagine these occurrences must get old quickly for him as much as it does for the rest of us viewing the ordeal.

The bottom line is that should you ever be required to make a court appearance and are offered the convenience of a Zoom call, be better and do better than the majority. Give the application a test run so you know how to utilize this method prior to the call. Treat the Zoom call with the same standard as an in-court appearance.