1st Circ. Cancels April Oral Arguments Amid Outbreak

By Chris Villani
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Law360 (March 16, 2020, 8:34 PM EDT) -- The First Circuit canceled oral arguments slated for the month of April, the circuit's executive said Monday, the latest in a growing list of legal disruptions in Massachusetts as the number of cases of COVID-19 neared 200 in the state.

April's oral argument calendar had yet to be released publicly, and it was unclear whether attorneys in any of the cases would have their chance to make an in-person pitch to the court.

"Each panel is deciding whether the oral argument should be postponed or the matters should be decided on the briefs," Circuit Executive Susan Goldberg told Law360 on Monday.

Massachusetts' top state appellate panel, the Supreme Judicial Court, is still scheduled to sit April 6-10. Among the cases on the docket are a bid by a group of Massachusetts taxpayers to block a prospective ballot question backed by convenience store chain Cumberland Farms that would overhaul the state's restrictions on alcohol licenses.

Unlike Boston's federal appellate court, which provides audio recordings of the arguments the same day they are held, the SJC and Suffolk Law School provide a live video stream of the proceedings.

The measure could allow the court to hold hearings in view of the public and still stay within the 25 person maximum for gatherings described Sunday night by Gov. Charlie Baker as Massachusetts aims to slow the spread of the novel coronavirus. Both the First Circuit and the SJC generally sit during the first full week of each month. Trial courts spokeswoman Jennifer Donahue said April's sitting would go forward as scheduled.

"The court is exploring alternatives such as conference calls rather than in-person appearances by the parties," Donahue said. "No decision has been made concerning webcasting and public access to the courtroom during oral arguments."

Massachusetts Appeals Court panels are scheduled to hear oral arguments via telephone for the rest of March, with in-person arguments slated to resume in Springfield and Boston on April 1.

Both state and federal courts in Massachusetts are postponing jury trials for the next several weeks and state courthouses were ordered closed Monday and Tuesday.

On Monday afternoon, officials announced the number of COVID-19 cases in the state had reached 197. Nationwide, 3,487 cases of the virus have been reported and 68 people have died, according to numbers posted by the U.S. Centers for Disease Control and Prevention

Earlier Monday, the U.S. Supreme Court said it would put off oral arguments scheduled for the next two weeks with numerous high-profile cases on the docket. Among the high court hearings to be delayed are the legal challenges to obtain President Donald Trump's financial and tax records, deportation relief for unauthorized immigrants, and the copyright battle between Google and Oracle over the use of copyrighted code in Android smartphones.

--Additional reporting by Christopher Cole. Editing by Haylee Pearl.

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