Miscommunication, Zoom or No Zoom: DUI Cases at Sacramento Superior Court During COVID-19

By Emma Phillips

SACRAMENTO – Despite the ongoing COVID-19 pandemic, only one defendant chose to appear remotely via Zoom in Dept. 84 of Sacramento County Superior Court on Tuesday.

The presence of facial coverings in the courtroom made communication difficult, with Judge Philip F. Stanger curtly expressing, “Gotta hear you,” while also explicitly telling one defendant, “Keep your mask up.”

The court was handling driving under the influence (DUI) charges, with multiple defendants in the courtroom at one time who had all been classified as “extremely dangerous to human life” after being arrested for DUIs.

If the defendants were to injure or kill another person while driving under the influence, Judge Stanger explained, they “(could) be charged with murder.”

Judge Stanger also conveyed the severity of the charge with his overall demeanor in court. He was curt with the defendants, raising his voice when they did not answer in a timely or appropriate manner, and succinctly explained their options moving forward time and time again.

At one point the judge simply exclaimed, “Listen!” as a defendant interrupted him to ask for clarification.

For first-time DUI offenders, Judge Stanger asked if they would rather “do the time or pay the fine.” Every defendant chose to do the time, an option of home detention or work project, or serving time in jail.

The judge strongly suggests that defendants should choose to participate in the former, given the overcrowding of jails, the current pandemic, and high cost of housing prisoners.

COVID-19 has done more to the criminal justice system than pose a danger to inmates in county jails. Judges appear in court proceedings remotely via Zoom, oftentimes sitting in their chambers, while district attorneys can be seen in their offices on the video call, not even in the vicinity of the courtrooms.

The only members present in Dept. 84 were public defenders, bailiffs, and defendants. The use of technology in the courtroom allows for pretrial hearings to proceed, although miscommunication seems to have increased greatly, as seen with Judge Stanger’s consistent repetitions of the definition of a no contest plea.

With remote appearances and facial coverings, defendants had a difficult time understanding Judge Stanger, causing tension to arise during the proceedings and tempers to appear short.

However, these precautions have allowed the court to continue to be in session, making them invaluable no matter how strained communication becomes.

COVID-19 has not lessened the severity of crime in Sacramento, as seen with Tuesday’s DUI charges, but it has made it more difficult for actors in court proceedings to appear in the same room and participate in uncomplicated conversation.


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About The Author

The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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