Unseen Authority
For half an hour in a federal courtroom in Asheville, North Carolina, the presiding judge, US Senior District Judge William Young, remained invisible. However, his voice resonated, addressing objections raised during a civil trial concerning handling misconduct claims by a former federal defender. The absence of visual presence lent an almost omniscient quality to the proceedings until a clerk restored the view on TV screens.
Unprecedented Distance
Young, stationed on the fifth floor of the federal courthouse overlooking Boston Harbor, presided over the trial. At the same time, lawyers argued over 900 miles away in Asheville, surrounded by the Blue Ridge Mountains. The case, initiated by former assistant federal public defender Caryn Strickland three years ago, led to the recusal of all judges in the Fourth Circuit, prompting Young’s assignment to the case.
A Veteran’s Approach
At 83, Young is no stranger to remote trials, having conducted similar proceedings nationwide, a practice further normalized during the Covid-19 pandemic. In a December 28 interview, Young shared that he started remote jury-waived trials “years ago,” demonstrating flexibility in adapting to evolving circumstances.
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Alleviating Judicial Burdens
Young’s involvement as a visiting judge stems from his experience on the budget committee for the Judicial Conference. Familiarity with the uneven distribution of judicial burdens prompted him to volunteer for such duties, aiming to assist overloaded districts. He emphasized that he steps in for jury-waived trials, only passing cases to local judges for jury trials.
No Consent, No Opt-Out
Young does not seek lawyers’ consent for remote bench trials, yet he claims no attorney has attempted to “opt out.” Despite being a senior judge, he expresses no intention of discontinuing his role as a visiting judge, emphasizing its importance amid his responsibilities in Massachusetts.
A Judge on the Move
Young’s commitment extends beyond remote trials. He volunteered to handle dispositive motions in the Northern District of Oklahoma after the 2020 McGirt v. Oklahoma decision flooded the court with new cases. Acting as a “super magistrate,” he expedited litigation while an Oklahoma federal judge was assigned to the case.
Technological Imperfections
While remote proceedings have become more commonplace, imperfections persist. Technical glitches, such as screens turning off and audio delays, created challenges during the Strickland trial. Young expressed frustration when arguments overlapped due to delays, highlighting the ongoing need for improvements in remote trial technology.
Courthouse Contrasts
The Strickland trial underscored the disparities between courthouses. Witnesses occasionally turned towards screens displaying the Boston courtroom, revealing the novelty of the remote trial experience for some participants. The Asheville and Boston courthouses, set in vastly different locations, hosted a diverse group of observers and participants, contributing to the unique dynamics of the trial.
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