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Law360 (May 27, 2020, 9:50 PM EDT ) The Texas Supreme Court on Wednesday told state courts most in-person jury trials shouldn't be taking place until Aug. 1 at the earliest, but opened the door for judges to conduct some approved experimental jury trials this summer.
The court's emergency order also encouraged courts to continue remote hearings and reminded judges in Texas' 1,192 courtrooms that they must make safety plans before they resume nonjury in-person court proceedings. Courts are required to submit a plan developed in consultation with local health authorities on how they'll keep participants safe and socially distanced before they can begin in-person proceedings. The court has previously said courts can — but aren't required to — conduct hearings in-person starting June 1.
Wednesday's order marks the 17th time the court has issued emergency guidance in the wake of the COVID-19 pandemic.
David Slayton, administrative director of Texas' Office of Court Administration, told Law360 on Wednesday that so far, about 100 plans have trickled in, but he expects that number to increase significantly in coming days.
"Our guidance very clearly says they don't have to start on June 1, if they or the public health authority says now is not the time," he said. "The Supreme Court's order today requires them to do everything remotely that they can do remotely."
As for the experimental jury trials, they will likely take on a hybrid approach, including some in-person proceedings and some done via video teleconference, Slayton said. Wednesday's order requires Slayton's office to work with the courts planning the trials so the OCA can monitor and observe them.
He said he hopes up to two dozen trials will be conducted between now and July 31, when the OCA is expected to provide a report with recommendations to the Texas Supreme Court analyzing what worked and what didn't with the experimental trials.
"Right now no one in the country is doing mass jury trials and there's really no good answers as to what will work in this environment," he said.
So far, he said, a few judges have reached out with proposed experimental jury trials, Slayton said, explaining one was for a car crash lawsuit and another was for a criminal matter.
The OCA hopes to identify hurdles — such as how using teleconferencing could limit jury panels to only those with internet access, or how to safely distance and select a panel from a pool of a few hundred people — and how to overcome them through this summer's experiments, Slayton said.
On any given day, the OCA estimates 325,000 people visit Texas courthouses, most of whom are compelled to be there.
"When we have that many people going into a courthouse, we strongly believe it's on us to make sure we get it right," he said. "We're working really hard to get it right. We don't have a choice but to get it right."
--Editing by Bruce Goldman.
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