Podcast appearances and mentions of Herbert B Dixon

In today's episode, Jim Garrity discusses the ongoing seismic shift in judicial views about remote video depositions, as reflected in a court ruling four days ago. There, a judge refused to order a plaintiff to travel to the jurisdiction for an in-person deposition. The judge's reasoning? The sharp improvement in technology has made video depositions the functional equivalent, and credibility assessments can be made just as well remotely as in person. Listen in for the details, and for practice tips on arguing for or against remote depositions of critical or party witnesses. Thanks for listening!SHOW NOTES:Henry v. Tacoma Police Department, et al., 2023 WL 5530201, case number 3:22-CV-0553-LK (W.D. Wash. Aug 28, 2023) (applying two-pronged test for determining whether deposition that be done remotely or in person, court granted pro se plaintiff's request that defendant depose him remotely, rather than forcing plaintiff to travel 2,600 miles to Tacoma, Washington from Jonesboro, Georgia; rejecting defense argument that credibility assessment was reason enough to force an in-person deposition)City of Tacoma's Response to Plaintiff's Motion for Remote Deposition/Protective Order, filed August 16, 2023), CM/ECF Doc. 70, Henry v. Tacoma Police Department, et al., Case No. 3:22-CV-0553-LK (W.D. Wash. filed Aug. 16, 2023) (defendant's memorandum in opposition to remote deposition)Brower v. McDonald's Corp., No. 2:19-CV-02099-GMN-BNW, 2021 WL 3573633 (D. Nev. May 28, 2021) (providing that “leave to permit remote depositions should generally be granted liberally;' analyzing the suitability of remote deposition using a two-step procedure, saying that “first, the proponent must advance a legitimate reason for seeking a remote deposition; and (2) if the movant articulates a legitimate reason, then the burden shifts to the opposing party to make a particularized showing that conducting the deposition by remote means would be prejudicial")Vargas v. Evergreen Professional Recoveries, Inc., Case No. 2:21–CV–00926–RSL–JRC, 2022 WL 856991 (W. D. Washington March 23, 2022) (applying two-step analysis articulated in Brower, above)The Jury Trial Reinvented, Robertson, C. and Shammas, M. 9 Tex. A&M L. Rev. 109 (Fall 2021) (outlining concepts for trials presented entirely by video, with testimony edited based on objections Suppose that, instead of producing live trials, courts created high-quality videos capturing all aspects of a trial, including opening arguments, testimonial and documentary evidence, closing arguments, and the judge's instructions.Nate Raymond, Texas Tries a Pandemic First: A Jury Trial by Zoom, REUTERS (May 18, 2020, 6:19 AM), https://reut.rs/3hKVqCs [http://perma.cc/J3H6-6496].Herbert B. Dixon, Jr., Pandemic Potpourri: The Legal Profession's Rediscovery of Teleconferencing, 59 Judges' J. 37, 38 (2020) (reporting on a misdemeanor criminal jury trial conducted virtually, where jury returned guilty verdict after deliberating in “private virtual room”)Griffin v. Albanese Enterprise, Inc., Courtroom View Network, https://pages.cvn.com/duval-county-florida-remote-trial-program [https://perma.cc/ERD9-VMEL] (relating to what was believed to be the country's first fully remote state court civil jury trial, with a binding verdict; jurors awarded plaintiff more than $300,000 for battery caused by bouncers in a nightclub; jury selection and all other key elements were conducted remotely)Fed. R. Civ. P. 30(b)(4) (providing for remote depositions upon stipulation by the parties or by motion and court order)

Judge Herbert Dixon, newly elected chair of the ABA Journal Board of Editors, joins Sharon Nelson and Jim Calloway to discuss the publication's plans for the future. They take a look at the longstanding importance of the ABA Journal and its efforts to reach the profession as a whole, and Judge Dixon gives a few sneak peeks at what may be coming during his time as chair.  Judge Herbert B. Dixon, Jr., is a senior judge with the Superior Court of the District of Columbia. Special thanks to our sponsors, Alert Communications, Blackletter Podcast, Scorpion, and Smokeball.

Judge Herbert Dixon, newly elected chair of the ABA Journal Board of Editors, joins Sharon Nelson and Jim Calloway to discuss the publication's plans for the future. They take a look at the longstanding importance of the ABA Journal and its efforts to reach the profession as a whole, and Judge Dixon gives a few sneak peeks at what may be coming during his time as chair.  Judge Herbert B. Dixon, Jr., is a senior judge with the Superior Court of the District of Columbia. Special thanks to our sponsors, Scorpion, Alert Communications and Nota.

In the last part of our interview, Judge Dixon and I continue our discussion of what he believes are the potential technological pitfalls in the legal arena we may experience in the not so distant future!

Judge Dixon and I continue our discussion of his observations from the bench.  In this part, we discuss where he has seen attorneys make critical errors of their use of technology in the courtroom.

Judge Herbert B. Dixon, Jr. (Ret.) served two consecutive 15-year terms as a Judge for the Superior Court for the District of Columbia.  Judge Dixon is a columnist for The Judges’ Journal ABA magazine, chair of Superior Court’s Electronic Filing Pilot Project and a senior judicial adviser to the Center for Legal and Court Technology (formerly the Courtroom 21 Project), an initiative of the Marshall-Wythe Law School at the College of William & Mary and the National Center for State Courts.  Our discussion was so informative that I split the interview into three parts!  In Episode #1.1, Judge Dixon and I discuss how he has seen how attorneys' use of technology in the courtroom change over the years, effective use of slides and animations in the courtroom and what he sees as attorneys' technological proficiency today and in the future. Show Note Links: Judge Dixon’s Twitter handle is @Jhbdixon My discussion of ABA Rules regarding lawyers needs for competence when dealing with technology. DC Bar's Annual "Practice 360°" scheduled for May 15, 2020, in Washington, DC. ABA Annual "Tech Show" scheduled for February 26 - 29, 2020, in Chicago, IL. ABA The Judges’ Journal magazine. (This episode was originally posted on November 12, 2020, at the www.TheTechSavvyLawyer.Page Blog )

Of the 46% of judges using social media, 80% are on Facebook and over 30% are on LinkedIn, but activity on social media presents a number of ethical dilemmas for judges, attorneys, jurors, and litigants. In a recent case in Georgia, a judge stepped down after being scrutinized for sending a friend request to a litigant on his upcoming trial calendar and later releasing her on a personal recognizance bond. Similar activities from other judges and attorneys have resulted in violations of both the Code of Professional Conduct and the Code of Judicial Conduct, from unauthorized practice of law across state lines and breaching attorney-client privilege to posting inappropriate comments and sending friend requests to litigants and related attorneys. These ethical perils extend to jurors, who must be reminded of their own limitations in social media use with regard to pending trials. On this episode of The Digital Edge, hosts Sharon Nelson and Jim Calloway interview Judge Herbert B. Dixon, Jr., discussing stories of collateral damage associated with inappropriate social media use and ways legal professionals can avoid ethical missteps. Stay tuned at the end for Judge Dixon's 4 Questions to Ask Yourself Before Posting on Social Media. Judge Herbert B. Dixon, Jr. sits on the Superior Court of the District of Columbia and is a former chair of the National Conference of State Trial Judges. He is the technology columnist for The Judges' Journal magazine and a former member of the ABA Techshow Planning Board. Judge Dixon is Senior Judicial Advisor to William and Mary Law School's Courtroom 21 Project, the Presiding Judge for the Superior Court's Technology-Enhanced Courtroom Project, and a frequent speaker on topics related to the intersection of law and technology.

In this special edition of the Kennedy-Mighell Report, co-hosts Dennis Kennedy and Tom Mighell, take their show on the road to ABA TECHSHOW 2010 in Chicago and chat with the experts about the latest in legal technology. Dennis and Tom welcome some very special guests including: Natalie Kelly, the Honorable Herbert B. Dixon, Jr., Rodney Dowell, Paul Unger, Ernie Svenson and Jim Calloway, to share their insight from this popular legal technology expo. After you listen, be sure to check out Tom & Dennis' co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies. Be sure to watch this edition of the Kennedy-Mighell Report video podcast!