There is no hearing today in the
Perry case because the federal court is closed for the Martin Luther King, Jr., holiday. This break in the action gives us an opportunity to describe what life is like behind the scenes at the California marriage amendment trial.
Trials, especially those in federal court, demand much preparation. It is probably the most intense work that an attorney can do. Glamorous it is not. The attorneys on both sides and their support staff are working around the clock. They work all day at the actual trial, and then they spend their evenings preparing for the next day, preparing motions and briefs, reviewing documents, developing questions for the direct- or cross-examination of witnesses, etc. One of the biggest chores is putting exhibits and documents in binders filled with exhibits for the witnesses and the lawyers (e.g., "Please turn to tab 5 in your binder for the document previously marked as Plaintiff's exhibit 314...." It is a challenge to remain focused and to consistently put out good work and to be prepared.
Judge Vaughn Walker usually starts the day's court session at 8:30 a.m. The attorneys and support staff are usually in the courtroom at least 30 minutes beforehand. Spectators line up for seats in the courtroom. There is an overflow viewing area in the ceremonial courtroom two floors above in the federal courthouse. This is a closed-circuit video feed, so it complies with the U.S. Supreme Court's order not to broadcast the court hearing to other federal courthouses. The proceedings end anywhere from 4 p.m. to 5:30 p.m. each day, depending on who is testifying, whether his testimony is almost completed or not, etc. After a quick meal, the lawyers plunge back into work on the next day's witness testimony, exhibits, legal research motions, briefs, etc. It is grueling.
The first week of trial started with opening arguments and testimony by the four plaintiffs. Since Tuesday, and for the next week, a parade of expert witnesses have and will give their testimony. The day can descend into abstract discussions of statistics or social science concepts. The day can also soar with passionate advocacy on constitutional law. Judge Walker occasionally asks a question of the witness or offers a quip to the attorneys about moving the case along at a faster clip. Those who oppose the California marriage amendment (that is, those who want to redefine marriage to include same-sex couples) are presenting their case first. The supporters of the amendment (that is, those who support marriage as the union of one man and one woman) will present their case next, maybe starting late next week. The trial could last around 3-4 weeks, but it is difficult to predict because one cannot be certain how long it will take to hear a certain witness, how many witnesses each side will call, and other such factors.
The overflow room with the video feed is a bit more laid back because the spectators are not in the courtroom where the trial is happening. At times, people in the audience react out loud to what they hear and see in the courtroom. But most of the time, there is little talk or reaction as the people in the overflow room focus on the proceedings and type endlessly away, feeding blogs and
Twitter tweets with the latest news from the courtroom. The number of people in the overflow room has dwindled since the beginning of the trial. We have been scouring the courtroom, learning where the electrical sockets are to plug in our computers and phones.
The news reporters also attend and cover the proceedings. Each day at noon and at the end of the day, representatives from the opposing side come before the microphones and cameras to explain their reactions to the day's events. Also, reporters from out of town frequently call for daily updates on the proceedings. I am frequently doing media interviews from early in the morning (for the East Coast news shows) to early evening (for drive time shows on the West Coast). On the first day, I did interviews with the British Broadcasting Corporation and the parallel news organization in Canada. I briefly saw a news show in Japanese (or maybe Chinese) covering the trial.
During a long trial, a weird but nice sense of community can develop between those participating in the trial. People with opposing views on redefining marriage see each other each day in the courtroom. Many of us have been talking for months as both sides prepare for trial. Paradoxically, we battle in court, but the day-to-day interaction tends to build friendships. Although each side has a mission to accomplish and wants their opponents to lose, we can still be cordial and friendly to each other. When court convenes, the clash of combat resumes.
I think most of us at the trial have a general feeling that we are participating in something historic, but we are mostly focused on the huge amount of work that needs to be completed. A major trial consumes lawyers and legal assistants with its huge workload. I hope somebody will write a book on this case, but right now, most of us are too busy to think about much more than what's coming up tomorrow or the next day in the trial. Maybe at the end of the trial, we'll have time to relax and take the cable car over the hills to Fisherman's Wharf for dinner. But right now, there is a brief to deal with and a phone call to return, and then let's not forget that document we want to submit as an exhibit, and where is the deposition, and....
The trial will reconvene on Tuesday morning. We'll be ready
Stay tuned for updates throughout the
Perry v. Schwarzenegger trial at
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