OTLA Trial Lawyer Winter 2021

6 Trial Lawyer • Winter 2021 By Hon. Ulanda Watkins Clackamas County Circuit Court “N ext will come the locusts,” or some variation thereof, was the common refrain a few months ago at the Clackamas County Circuit Court. We were already amid the COVID-19 pandemic, when abnormally dry and hot winds prompted a slew of vicious forest fires, which in turn funneled plumes of dark smoke toward Oregon City. As the air quality worsened, we grew thankful we at least had the protection of masks, though we had become accustomed to wearing them for another purpose altogether. Indeed, the year 2020 held no small quantity of challenges for the court, as it has for most of us. Balancing the necessities of pandemic life with the re- quirements of a functioning court system that provides meaningful access to justice has resulted in near-constant adjustments and adaptations. Musical courtrooms (and staff ) In more normal times, each judge presides over a single courtroom day in and day out, except in rare exceptions, such as a judge swap between counties. This simple familiarity with one’s work- ing space is something I will never again take for granted. Different types of hear- ings and trials have very different physi- cal space requirements. The larger court- rooms must be reserved for those involv- View From The Bench Hon. Ulanda Watkins Conducting court during a pandemic ing more parties (usually the main criminal docket, plus any jury trials). As a result, we have been forced to play “musical courtrooms,” which means I might be assigned to a new courtroom each week, sometimes each day. Clerks have also been forced to rotate between judges far more often, so it is not always a given you will have the undivided at- tention of your own team each day. Courthouse staff do their best to make the transitions seamless, but there is al- ways the danger of leaving one’s robe in the wrong chambers or nameplate in the wrong courtroom. Or more likely, the team from the day before didn’t have time to restock one very specific type of carbon copy form that you just so happen to need. In addition, as someone with a low tolerance for germs under normal cir- cumstances, I make sure to arrive early and personally spray surfaces with Lysol in my assigned courtroom for the day. Janitorial routines have of course been adjusted to include sanitization, but I want to be able to personally guarantee those who enter my door that the space is as sterile and safe as possible. Enforcing the new normal In late March, the court all but shut down for a couple of weeks as everyone everywhere reckoned with the rapid spread of the novel coronavirus, and es- sential services — including court sys- tems —worked out as quickly as possible how they could safely reopen. For a while, policies were rapidly changing as new information came to light and meet- ings were held, an experience surely shared by many across the nation. It is difficult to cast one’s mind back to a time when we knew less about the virus and misinformation abounded, but at the time it was not certain how long the courthouse would be closed, wheth- er masks would be required, whether strict distancing would be imposed and so on. Unfortunately, official messaging in this country was not ideal, and it seems that even months later we were fre- quently finding it necessary to remind those visiting the courthouse to wear a mask and observe social distancing. Barriers were erected in front of the public counters, hours were reduced and maximum occupancy signs were posted on courtroom doors. I had to split up my own two staff members (clerk and as- sistant) between two separate offices due to physical distancing rules. Where courtroom construction has permitted, we now have plexiglass bubbles sur- rounding each judge’s bench and the clerk’s desk. Still, this has not lessened the need to remind those attending court of the ongoing distancing and face cover- ing requirements. The alternative to holding regular court with inconvenient social distancing rules is to hold court with the ultimate form of distancing: over the internet.