Courts across Texas will soon see more in person jury trials under new guidelines released by the Supreme Court of Texas. It is the 36th emergency order by the Supreme Court since the COVID 19 pandemic.
The Court has removed requirements that most proceedings must be done by remote, although judges are encouraged to continue remote hearings when possible. The order also gives local presiding judges the authority to require masks and impose physical distancing for iln-person proceedings.
“It gives them a little more flexibility. It doesn’t require remote proceedings quite as strongly as it did before but it strongly suggests that judges should try to conduct remote proceedings remotely if they can.” said Chief Justice Nathan Hecht.
Prior to the new order, limited jury trials were allowed, but judges had to submit plans to the state Office of Court Administration. Those plans had to include local health concerns. The state approved around 200 plans, Hecht said. Under the new order, the judges do not have to seek such plans although judges are encouraged to follow the same guidelines.
The new order also allows municipal and Justice of the Peace courts to resume in-person jury trials for the first time in nearly a year.
Those who are summonsed for jury service, but have legitimate concerns, can submit letters to the court seeking to be excused.
“They can say look, I’m in a suspect category, I’m at high risk, I live with people who are high risk, and these are the reasons I can’t come and get the trial judge to excuse them,” Hecht said.
New case filings have dropped across the state since the pandemic, but jury trials have fallen far behind. Before the pandemic, judges around the state heard nine-thousand cases. Over the last 12 months there have been about 200.
Hecht is also mindful that the courts could also be slammed with new cases. Eviction and debt collection cases have been on hold and the courts are bracing for an onslaught on new filings.
“We’re asking the legislature to give us an appropriation to pay visiting judges to handle those cases, so that’s the way we propose to dig out.”
Courts of appeals may conduct in-person proceedings if the chief justice of each court adopts minimum standard health protocols for court participants and the public that will be employed in the courtroom and in public areas of the court building.
The Supreme Court will continue to conduct arguments by Zoom for the remainder of this term.
Three justices dissented to the order. The order expires June 1 unless extended by the chief justice.