The Summer of the COVID-19 Court Externships

Judge Shama Mesiwala sits in Department 133 of the Sacramento County Superior Court.

Saraf Ahmed is a 2L at UC Davis School of Law and Judge Mesiwala's summer extern.

1. Hon. Shama Mesiwala 2. Hon. Elena Duarte 3. Hon. Louis Mauro 4. Hon. Helena Gweon

For decades, law students have spent their summers getting a taste of their future as attorneys — interning at firms, working at legal aid organizations, and externing with judges at courts. This year, even with the COVID-19 pandemic, the U.S. District Court, Eastern District of California, the California Court of Appeal, Third Appellate District, and the Superior Court of California, County of Sacramento, have maintained robust externship programs for our law students.

Some court externs have received less traditional research work, but all have been finding ways to diversify their skills and establish thriving relationships with their supervising judges.

Rising 2L Saraf Ahmed from UC Davis worked closely with Sacramento Superior Court Judge Shama Mesiwala. Together, they read books about American history and professional development, including Roots and New Women’s Dress for Success. Ahmed also sought out volunteer opportunities in the area of law she wishes to pursue, including serving as a counselor for the housing crisis hotline, Tenants Together.

Under their supervising judges’ guidance, some students studied the virus’s effect on the law and judicial processes.

Jaspreet Lochab, rising 2L from UC Davis and extern to Sacramento Superior Court Judge Helena Gweon, wrote about the pandemic’s impact on criminal justice processes across the country. This included how Texas, Missouri, and Oregon handled trials in response to Sixth Amendment speedy and public trial objections. Rising 2L Krystan Miller-Caballero from UC Davis — who externed with Sacramento Superior Court Judge Emily Vasquez — and Ahmed researched issues of landlord/tenant law and unlawful detainer procedures in the wake of COVID-19. Judge Gweon is the supervisor of the externship program for the Sacramento Superior Court, duties she assumed when Judge Russell Hom was elected by his colleagues to be the presiding judge.

Justice Ron Robie of the Third Appellate District noted that prior to the proliferation of Zoom hearings due to the pandemic, going to court presented physical and financial challenges to many indigent litigants across the state. “People may not have been able to come down to, say, Monterey for a 15-minute hearing. Buses don’t reach all court locations there. And it’s the same in [the more remote areas like regions of] Fresno,” he observed.

“We’ve experienced the same thing with people coming from remote parts of the state, particularly on the criminal docket, who travel from the farthest corners of the Eastern District — it’s usually a genuine hardship,” said Magistrate Judge Dennis Cota. “[Technology] is a great benefit in that situation. They can just appear in court from home.”

The atypical nature of this summer also presented opportunities for law students to observe firsthand changes that occur in court proceedings once in a generation. Tommy Levendosky and Julie Zalinski, ris

ing 2Ls at UC Davis and UCLA respectively, in Judge Cota’s Redding chambers in the Eastern District, worked on prisoner civil rights complaints, habeas corpus petitions, and motions to dismiss. Their work gave rise to questions about the future of criminal trials.

“Louisiana is trying to do trials with jurors via Zoom, though it hasn’t been working as well there,” Levendosky noted. “What are the plans for California courts for trials?”

Justice Robie responded that due to physical distancing guidelines, it may take longer to select jurors. Justice Louis Mauro, whose extern Shaikha Shahtaj from UC Davis worked on numerous appeals this summer as did Justice Robie’s extern Elizabeth Wilson, pointed out that Sacramento Superior Court was still holding live, in-person criminal jury trials. But the pandemic has made way for alternative methods of holding trials.

“The pandemic has caused courts to innovate in ways we never thought possible,” said Presiding Judge Hom. “Through ingenuity of our judicial officers and staff and through the use of technology, we have been able to respond to the public health risk posed by COVID-19, yet provide a forum for the public to adjudicate their cases. The ability to use technology is frequently limited by Constitutional considerations. However, where possible, witnesses and counsel are appearing in virtual courtrooms. To insure a safe environment for our jurors, multiple courtrooms are used to conduct remote simultaneous jury impanelment. In non-criminal matters, trials and hearings are generally conducted in virtual courtrooms where the public health risk is eliminated but litigants are fully afforded their day in court.”

It seems, then, that the pandemic has infused a different reality to the dynamic nature of the practice of law.

As the summer wore on, aspects of the externship program previously thought gone for the summer — courtroom observations, field trips, and networking sessions with other judges and attorneys — resurrected themselves, thanks to judges’ efforts to provide law students with the closest (virtual) thing. July saw the arrival of a full schedule of calendars for externs, including Zoom observations of court hearings.

In the Sacramento County Superior Court, externs were cleared to sit in on virtually everything from the Golden State Killer’s plea hearing conducted by Judge Mike Bowman, to Judge Larry Brown’s mental health calendar, to Judge Mesiwala’s dependency calendar, to Judge Gweon’s criminal calendar.

“I’ve been a trial judge for several years. I love it. The most compelling part is the human story involved in every case,” Judge Gweon said. “I’m glad to share that experience with law students. COVID-19 has been a big transition, and it’s forcing all of us to become more innovative, to develop true resilience.”

Students also watched virtual oral argument before the California Court of Appeal, Third Appellate District, prior to meeting with Justice Elena Duarte. During the meeting with Justice Duarte, she reminded students that now, more than ever, their professional narratives will prove crucial.

“Diversity of practice and experience is one of the most important ways law students can set themselves up for long-term success,” she told the students. “It’s important for new lawyers to build up a strong reputation around their work. Once you achieve that, incredible opportunities can follow.”

Some externs also watched Judge John Mendez’s criminal calendar in person at the U.S. District Court, Eastern District of California. Four students drove to the Matsui courthouse in Sacramento and sat in the jury box six feet apart, facing mounted screens showing the parties, their attorneys, and translators on Zoom.

“It was my pleasure having these four law students observe the video criminal proceedings in my court,” said Judge Mendez. “We had an interesting Q&A session following my calendar which, hopefully, gave the externs some further insight into federal criminal practice. I have found these annual visits by the Superior Court summer externs, which began several years ago under Presiding Judge Russell Hom, to be an excellent learning experience for both the students and me. Despite the unique and necessary procedures we are utilizing these days in the District Court, we are doing our best to get as much of the work of the Court done as possible. I am glad the externs got to be a part of that if only for one morning.”

Beyond courtroom observations, students also received critical professional development opportunities with a presentation by U.S. Bankruptcy Court Judge Ronald Sargis and a virtual panel with hiring attorneys at Downey Brand LLP, moderated by Sacramento Superior Court Judge Rick Sueyoshi. Both events provided advice for on-campus interviewing and future jobs at a time when these may continue remotely.

Sacramento County Superior Court Judge Emily Vasquez, who has supervised externs for most of her almost 20-year judicial career, noted that the flexibility, cooperation, and ability to adapt to emergency situations that externs are picking up this summer are ultimately part of a comprehensive legal education.

“As a lawyer, it’s important to adapt quickly. The pandemic is presenting a lot of opportunities to learn,” she said. “You can’t stop a recession or pandemic. Laws and policy are [going to prove] important for future pandemics.”