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Attorneys can participate in court hearings via phone
February 11, 2009
Spinal Column Newsweekly
by Leslie Shepard-Owsley
The Oakland County Circuit Court is moving ahead with a new service that gives attorneys and their clients the option of participating in court proceedings via telephone rather than making personal appearances.
The "judge on-line" service could be used during summary dispositions, motions, pre-trials, scheduling and status conferences, and other miscellaneous court proceedings.
The Oakland County Board of Commissioners authorized the program and funding for it during a Thursday, Feb. 12 meeting.
The service, formerly a pilot program initiated in October 2008, is expected to save attorneys and litigants time and money, and is intended to assist the court in managing its docket more effectively.
A $30 fee will be charged to program participants.
While the Oakland County Circuit Court has been the front-runner in implementing the judge on-line program, the Probate Court and county's Friend of the Court Office have expressed an interest in following suit.
County Commissioner Jim Runestad (R-Waterford, White Lake) said he initially voiced concerns about the program, but has since reversed his reticence.
"My concern was that the attorney be held accountable for the client being notified if the attorney chooses to use the on-line option," he said. "It's imperative that the attorney notify his client in advance or else it could be disastrous. If the client is aware, then he has all the options and can make a decision if he wants his attorney to be present."
Several problematic scenarios could play out for the client if he or she isn't informed of the attorney's intent to participate in the program, according to Runestad.
"Maybe the client has pertinent information he wants to hand his attorney prior to court and when he gets there, the attorney doesn't show — then he gets in a panic," he said. "Some clients are more comfortable with their attorney present so they can talk to them throughout court proceedings. If the client is apprised of the situation, then it can work fabulously."
Runestad witnessed a program demonstration in Judge James Alexander's courtroom and said he walked away impressed with the clarity of the incoming telephone call, but was insistent that protocol be modified so that an attorney must sign off on paperwork saying his or her client was apprised of the decision to participate in the program.
"I spoke with the Circuit Court Administrator Kevin Oeffner, who said I brought up a valid point," Runestad said. "Now they have assured me that this step will be added to protocol. Now that I've talked to numerous people I think the service is an incredible positive."
According to Oeffner, the court has included a check box on a form to serve as a reminder that the attorney must apprise a client of the intent to participate in court hearings via telephone conference, but ultimately that's the attorney responsibility and not the court's.
"The responsibility to keep clients informed is an inherent and fundamental responsibility of the attorney/client relationship," Oeffner said. "The Michigan Rules of Professional Conduct states that attorneys must advise their clients of all proceedings. Attorneys take an oath stating they will uphold this ethic."
The request to participate will be submitted in advance to the presiding judge.
In order to implement the program, the county had to purchase state-of-the-art telephones for 19 circuit and four probate courtrooms. The county had seven phones already and had to purchase an additional 16, amounting to $9,000, according to Oeffner.
Another $23,000 was expensed for equipment to support the phones.
Previously the courts were asked to make $2.3 million in budget cuts by Oct. 1. Two court reporters vacated their positions and the courts opted not to replace them. Taking into account the salary and fringe benefit savings, the county incurred a one-time surplus of $121,730.
"The courts have expended $32,000 toward the judge on-line program, the $89,000 left can be used in its entirety, in part or none at all," Oeffner said. "We anticipate allocating the remaining monies to the upcoming budget tasks, but are considering some technology equipment."
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