Tech Upgrade

By Chief Justice Rebeca C. Martinez

A global pandemic, a “snowpocalypse,” and a computer virus tested the supporting technology of every Texas appellate court. The impact and response to these challenges fell most directly on the shoulders of IT specialists serving the courts at every level, and not all appellate courts were prepared or benefited from their own “inhouse” network specialist. In this article, I wish to recognize a member of our court family who has contributed above and beyond to meet the unique challenges suffered these last two years— Mr. Del Merritt—and to celebrate the Fourth Court’s technology upgrades made recently.

Mr. Del Merritt started working at the Fourth Court of Appeals on February 16, 2005, as the court’s network specialist. During his tenure here, he has served under four Chief Justices and three Clerks of Court. Del has overseen many IT upgrades to the court, beginning with the transition to electronic filing and archiving, and most recently creating hybrid platforms for continued livestreaming and remote courtroom proceedings. The last two years have been the most taxing, with the court’s transition to a remote working environment due to the pandemic and the restoration of the court’s IT infrastructure from a statewide ransomware attack. To Del’s credit, we began livestreaming oral arguments soon after we went remote. The first Zoom argument was conducted on May 19, 2020, and the court has continued to livestream arguments after returning in-person on October 1, 2021. I believe the Fourth Court may have been the first to conduct a hybrid oral argument, held on October 7, 2021, in our courtroom and simultaneously livestreamed and archived on the court’s YouTube Channel.

To Del’s further credit, the Fourth Court has also been able to continue its unique and honored tradition of Court Memorials, formal memorial services conducted to honor attorneys and judges who have passed away during the preceding year. Our first livestream memorial was conducted on April 23, 2021, honoring the life of Philip Bozzo, Jr. Our first hybrid memorial was held in person and livestreamed on November 4, 2021, honoring the life of Roland R. Esparza. Our courtroom upgrades allow for a larger virtual audience that can participate safely and without geographic limitations. In addition to the twenty oral arguments livestreamed to date since May 2020, the court presided virtually over the Final Round of the St. Mary’s School of Law Linda & David Schleuter 2021 1L Moot Court Competition, and many of the justices have continued to participate as volunteers and speakers on a virtual platform. All of us have benefitted from Del’s technical support in and out of the courtroom.

As our Clerk of Court Michael Cruz attests, “Anything that is plugged in or has electricity running through it will involve Del.” With Del’s guidance, we will soon benefit from additional computer and laptop upgrades in the Spring, just in time to support the evolving nature of work performed by each justice, staff attorney, and clerk as part of the “new normal.” The court further benefits from recent upgrades in our two conference rooms to support hybrid meetings and online training. As Chief Justice, I envision the Fourth Court will continue to remain at the forefront of technological advances, as we seek to achieve equitable and open access to those we serve. As a member of the Supreme Court’s Remote Proceedings Task Force, charged with identifying statutes and rules that support or impede the use of remote video technology for court proceedings in civil cases, I imagine that forthcoming amendments to the Texas Rules of Civil Procedure, the Rules of Judicial Administration, and the Rules of Appellate Procedure, among others, will provide further guidance to support remote proceedings, making IT specialists like Mr. Merritt even more critical. He has certainly kept the Fourth Court looking good!