Since Texas’s businesses, schools, and courts largely closed their doors in March of this year, COVID-19’s impact and the challenges presented to our daily lives cannot be overstated. Just as businesses and schools continue to grapple with how to safely reopen (and remain open) around the State amid continued COVID-19 concerns, the courts share a similar plight in trying to get jury trials back on track. While Harris, Travis, and Bexar Counties are all experimenting and/or attempting some form of continuing jury trials, Dallas County is attempting a tangible first step in getting back to business as usual in these unusual times as it mailed its first batch of jury summons last week since March.

What is the issue?

When the courts closed their doors in March, the process of issuing jury summons ceased. No jury summons means no jurors, no jurors means no jury trials, which necessitates that those cases on the current docket (i.e., on the court’s schedule) have to be rescheduled while new cases continue to amass creating a backlog with no end in sight for judges and those seeking to have their day in court.

To curb this ever-growing backlog of cases and conduct jury trials, some counties have taken an all-virtual approach while others have opted for social distancing. For example, Austin and San Antonio are attempting and all-virtual approach whereas Houston is utilizing the NRG Center to allow for jury selection while maintaining social distancing. Both approaches pose their own issues whether it be a virtual juror walking away from their computer or an in-person juror testing positive for COVID-19 during the proceedings.

Dallas County’s Hybrid Approach

State District Judge Maricela Moore said that Dallas County mailed 2,000 jury summons last week, which it had not done since March. Judge Moore will oversee a test case in which Dallas County will utilize a new “hybrid” approach using virtual jury selection but conducting in-person trials. The test case will be a one-day civil trial involving a car accident to take place at some time in November.

The hybrid approach, approved by Dallas County’s Judge and Health Director, will require those who receive a jury summons to fill out an online survey or complete the survey by phone. The survey will include questions about COVID-19 exposure and whether they reliable access to a laptop or tablet and internet access. Those without reliable access will be issued a tablet (with Zoom pre-installed) by a Dallas County constable that morning who will return at the end of the day to collect the tablet. The court staff, attorneys, and parties will report in-person and all jurors will appear online in a large Zoom meeting. After the jury has been selected, those jurors would then report to the Courthouse and follow COVID-19 protocols.

Any approach has issues and getting a representative sample of jurors to respond was a difficult that is only exacerbated by COVID-19. However, Dallas County taking some approach is a step in the right direction to get cases resolved to get back on track.

We are here to help you

Our attorneys in Dallas and Austin, working remotely during the pandemic, are available to answer any questions you may have about your contractual or legal rights and to help you navigate these uncharted waters.  Contact us at info@gstexlaw.com if you have any questions.

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