OAKLAND, Calif. — An Alameda County Superior Court judge initially denied an accused mother’s request to appear by Zoom at her next court hearing despite concerns that another required in-person appearance would interfere with her parental responsibilities. The request was reconsidered after the court learned the accused’s young children were waiting outside the courtroom without adult supervision while she attended the hearing.
The accused was charged with the following felonies: violence or bodily harm, violent conduct, possession or use of a weapon, assault with a deadly weapon, probation violation, vandalism involving more than $400 in damages and unlawful child detention. The accused has pleaded not guilty to the assault and vandalism charges.
The accused appeared in person and out of custody at the disposition hearing to confirm that she would be starting therapy the following week. Deputy Public Defender Zachary Sosa said the defense aimed to obtain a progress report on the accused’s therapy sessions before resolving the case. Sosa requested that a disposition and setting pretrial hearing be scheduled for Sept. 30.
Judge Margaret Fujioka approved the date and sought confirmation from the accused that she would consistently attend therapy. The judge added that the accused must appear in person at the Sept. 30 disposition hearing.
Sosa objected on the accused’s behalf, citing her “childcare issues.” Sosa requested permission for the accused to appear on Zoom to resolve the case and enter pleas.
According to the American Bar Association, Zoom hearings became a necessity during the COVID-19 pandemic and continue to provide “accessibility for clients that never existed before.” Virtual appearances eliminate transportation costs, provide accused parties with a greater comfort level, help keep undocumented individuals safe and improve overall attendance rates. Zoom is a courtroom innovation that will help “improve justice for years to come,” the ABA writes.
Judge Fujioka initially appeared disinclined to allow a virtual appearance and stated her preference for the accused to appear in person.
In response, Sosa gestured toward the courtroom door and said the accused had “children in the hallway, supervising each other.” The accused would be greatly “inconvenienced” if she had to bring her children again, particularly without the option of constant adult supervision, Sosa elaborated.
Judge Fujioka maintained her preference for an in-person appearance but said the accused could join the hearing on Zoom as a last resort.
The court then heard from the accused, who explained that her son would start school on Aug. 17 and would only have Wednesdays off. Judge Fujioka asked the accused whether she had another preferred date for her disposition hearing.
The accused said Sept. 30, which falls on a Wednesday, would still be a favorable date. Because her son only attends school for three hours, the accused said she would not have sufficient time to both pick him up and appear in court on any other day of the week.
The accused added that on Wednesday, Sept. 30, she could care for her son at home while joining the Zoom hearing, allowing her to “fulfill both responsibilities.”
Judge Fujioka reiterated her reluctance because the next court date would also be the accused’s final court appearance.
However, after the back-and-forth exchange and a moment of consideration, the judge ultimately agreed to the accused’s request. Judge Fujioka stated that although virtual appearances were “not [her] usual practice,” she would allow the accused to join the Sept. 30 disposition hearing by Zoom.
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