Chief Judge Marc T. Treadwell rescinded the ban, which was ordered in mid-March 2020, in an order Friday.
"It is this court's opinion that jury trials, with appropriate health precautions in accordance with CDC, state, and local health guidance, can be safely conducted within the Middle District of Georgia," Judge Treadwell said in his order, referring to the federal Centers for Disease Control and Prevention.
The Middle District of Georgia did conduct a criminal jury trial in October and held its first in-person civil jury trial in mid-April. The Middle District also held a second civil trial in April, according to a court official.
Judge Treadwell told Law360 Pulse on Monday that the district conducted those three cases because the ban allowed presiding judges to use their discretion if they thought a jury trial was necessary.
The criminal trial in October was held after the defendant asked for a speedy trial, he said. The two civil trials were held with seven-member juries instead of the 12 jurors required in criminal trials in order to begin chipping away at the backlog of cases, the judge said.
Judge Treadwell said the jurors in the April cases indicated they were comfortable with serving and said the experience went smoothly.
"We are ready," Judge Treadwell said. "The experience of trying those three cases has helped us to be ready."
Last month, court staff relied on precautions such as having prospective jurors arrive at the courthouse at staggered times and providing them with face masks and sanitizing wipes. The courtroom was also outfitted with transparent shields in front of the court reporter, court deputy and witnesses.
In his order Friday, Judge Treadwell said he understands that some trials, including criminal cases with multiple defendants, may be difficult to manage under the public health guidelines.
While the jury trial ban is lifted, judges still have discretion about scheduling a trial. Presiding judges can delay a trial if protecting public health outweighs the defendant's rights to a speedy trial, Judge Treadwell said in his order.
"Those defendants in a criminal case who object to a continuance shall have the right to file a motion for a speedier trial, which shall be considered and decided by the judge assigned to the defendant's case," Judge Treadwell said.
The order also allowed courts to continue using video and audio conferencing to hold some criminal proceedings for an additional 90 days from Friday's order. The federal Coronavirus Aid, Relief and Economic Security Act, or the CARES Act, allowed courts to hold some proceedings in that way, according to the judge's order.
The Southern District of Georgia plans to restart in-person jury trials with a case scheduled for May 17, according to a court official.
The Northern District of Georgia, which includes Atlanta, has started its first jury trial since the pandemic set in, a criminal trial that began April 27.
Georgia state courts are also resuming in-person jury trials, following the lifting of a suspension in March.
--Additional reporting by Rosie Manins. Editing by Jill Coffey.
Update: This story has been updated with comment from Chief Judge Marc Treadwell.
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