Live streaming and video archiving of oral appellate arguments is now occurring with frequency in New York state and other state and federal courts—but not in the Appellate Division, First Department. The First Department, a leading forum for resolving important commercial disputes, is presently out-of-step with other courts in our state and across the country that have embraced the technology necessary to facilitate live or archived video viewing of oral arguments. At present, real-time streaming of oral arguments at the First Department is available on closed-circuit to justices at that court and other court personnel only at the courthouse. Thus, the necessary technology already exists at the First Department and would likely not involve a costly upgrade. Although footage is archived, the Bar and the public are not permitted to access this important work of the First Department.
We believe that the First Department should promote transparency by joining other appellate courts in New York state and elsewhere that permit live streaming of oral arguments to the Bar and the public. Adopting this approach would be a long overdue policy change that would enable the First Department to keep pace with the digital age as well as other important appellate courts.
