Doctor performing surgery in Zoom court raises questions about decorum

A doctor who performed surgery while appearing for a traffic court hearing via Zoom last week, became the latest viral Zoom court fail, raising questions about courtroom decorum and judges' reactions during remote appearances.

When Sacramento County Superior Court Commissioner Gary Link signed on to conduct a traffic hearing via Zoom, Dr. Scott Green appeared through a split screen wearing scrubs, a mask, and gloves in the middle of an operating room.

"So unless I'm mistaken, I'm seeing a defendant that's in the middle of an operating room, appearing to be actively engaged in providing services to a patient," Link said. "Is that correct, Mr. Green?"

"Yes, sir," Green replied.

"I do not feel comfortable for the welfare of a patient if you're in the process of operating, that I would put on a trial, notwithstanding the fact that the officer is here today," Link added.

Green, a Sacramento plastic surgeon, who according to news reports is now under investigation relating to Thursday's appearance, told Link that another surgeon was in the room so, "I can stand here and allow them to do the surgery also."

"Not at all," Link replied while shaking his head before continuing the matter for a later date.

Green's remote appearance is not the first to go horribly wrong as courts continue to adjust to a world gone almost completely remote after the coronavirus pandemic. A video of an attorney appearing remotely as a cat in a Texas court hearing went viral last month after attorney Rod Ponton, of Presidio County, Texas, assured the judge, "I am not a cat."

Ponton had accidentally applied a special Zoom filter, making him appear as if he were a fluffy cat expressive eyes, and declared he was ready to proceed.

Many remote-appearance-fails have been mostly benign and humorous, and easily dealt with. A Michigan defendant appeared nude in a superior court hearing last month, and was admonished by the judge for doing so. However other incidents have been more serious and have led to motions for mistrials.

In one of the first state trials to take place via Zoom, a retired U.S. Navy rear admiral who said his illness was caused by asbestos exposure won a $2.5 million jury verdict in Alameda County in September. However, according to defense attorneys from Dentons LLP, who filed a motion for a mistrial that was never granted, the plaintiff attempted to curry favor with two jurors by asking how to apply a filter to his Zoom image and they gave him advice. Wilgenbusch et al. v. American Biltrite, RG19029791 (Alameda County Sup. Ct., filed Aug. 2, 2019).

Asked if the Sacramento County Superior Court leadership considered changing court policy to specifically address courtroom etiquette during remote hearings, communications director Kim Pedersen said no, in an email Monday.

"The Sacramento Superior Court did not change its courtroom decorum rules when we made advancements in remote technology in response to COVID," Pedersen's statement read. "The court advises the participants that the hearing is being livestreamed to YouTube and the judge must be able to hear and see the participants clearly and without interruptions. If there are distractions, such as in the Dr. Green case, then it is within the court's discretion to continue the matter."

Commenting Thursday, San Bernardino County Assistant Presiding Judge R. Glenn Yabuno said while he was aware of Zoom-fails occurring at other courts, most remote appearances in his court are done either via CourtCall -- a telephone call-in service -- or video appearances in which criminal defendants appear from the county jail, accompanied by a public defender or state employee who can monitor the appearance.

"So we haven't really had any fails, such as people falling asleep, walking away, using the bathroom or anything like that," Yabuno said. "The only issues we've ever encountered are the technical ones."

However as a member of court leadership and recognizing the benefits of remote appearances, especially for a county as spread out as San Bernardino, Yabuno said he anticipates the need to address decorum and other issues in the future.

"Whether it be supervising judges or the individual committee meetings, we quite often address the issue of remote technology, remote appearances, developing it, and utilizing it more," Yabuno said. "So it is a constant topic that's at the forefront. And what will come with that will be development of our own local rules of court that address when and how it can be utilized, and proper decorum that we're going to be accepting. So all of that's being done."