Texas Chief Justice Nathan Hecht issued his 17th administrative order Wednesday that permits Texas judges to conduct jury trials remotely and sometimes in-person jury trials as long as they develop a plan that follows the social distancing guidelines and other safety provisions established by the Texas Office of Court Administration.
The order, according to legal experts, implies that state trial judges are not required to conduct jury trials until Aug. 1 unless they want to do it.
The chief justice also extended filing deadlines. “Any deadline for the filing or service of any civil case that falls on a day between March 13 and July 1 is extended until August 15,” the five-page order states.
“This does not include deadlines for perfecting appeal or for other appellate proceedings, requests for relief from which should be directed to the court involved and should be generously granted.”
Chief Justice Hecht also states in the order that judges are permitted to modify or extend deadlines related to civil and criminal cases through Sept. 30.
The jury trial provisions, however, are getting the most attention.
“A court must not hold a jury proceeding, including jury selection or a jury trial, before August 1, except as authorized by this order,” the court stated.
But the order, signed by all the justices, states that courts may conduct in-person proceedings if they develop an “operating plan that is consistent with the requirements” made regarding social distancing, maximum group size and other restrictions and precautions.
“The Office of Court Administration, in coordination with the regional presiding judges and local administrative judges, should assist trial courts in a limited number of jury proceedings before August 1, whether in-person or by remote proceedings involving trial and grand jurors,” the order states. “No later than July 31 the Office of Court Administration must report to the Court on recommendations for jury proceedings.”
The order also allows trial judges to permit remote proceedings for all participants, including trial jurors as long as all jurors “have access to technology to participate remotely.”
Editor’s Note: A previous version of this article improperly quoted a portion of the Texas Supreme Court’s summary of the order as being part of the order itself. We regret the error.