U.S. District Court Chief Judge Barbara Lynn of the Northern District of Texas issued an order Friday afternoon that calls for all civil and criminal trials scheduled now through May 1 to be reset at a later date as a result of concerns over the coronavirus.
Earlier Friday, the Texas Office of Court Administration announced that state court judges and clerks should schedule or suspend proceeding “to avoid the gathering of large groups of people” until at least April due to COVID-19.
In addition, the U.S. Securities and Exchange Commission announced Friday that it is granting a 45-day reprieve to publicly traded companies that may be negatively impacted by the coronavirus. The SEC order covers required financial disclosure documents scheduled to be filed between March 1 and April 30.
“The court finds that the ends of justice served by ordering these continuances outweigh the best interest of the public and each defendant’s right to a speedy trial. In fact, the best interests of the public are served by these continuances.” — Chief Judge NDTX Barbara Lynn
In her three-page court order, Chief Judge Lynn, citing reports that numerous COVID-19 cases have been confirmed in North Texas, also suspended federal grand jury proceedings until after May 1.
“The court is concerned with the health and safety of the public, court employees, staff of other entities with whom court personnel interact, litigants, counsel, interpreters, law enforcement and jurors, who must work in close quarters to hear evidence and to deliberate,” the order states.
“The continuances do not continue any pending deadlines other than trial dates,” Chief Judge Lynn wrote.
The court’s “reduced ability to obtain an adequate spectrum of jurors … because of the public health considerations,” she said, the continuances are excluded under the Speedy trial Act.
“The court finds that the ends of justice served by ordering these continuances outweigh the best interest of the public and each defendant’s right to a speedy trial,” Chief Judge Lynn wrote. “In fact, the best interests of the public are served by these continuances.”
State civil district courts in Dallas, Houston and some in San Antonio have previously announced that they are suspending civil jury trials for the next few weeks.
The announcement by the Texas Office of Court Administration is likely to push other court jurisdictions to follow suit.
“Courts should schedule or suspend proceedings to avoid the gathering of large groups of people until at least April 1, including jury trials and large docket calls,” court administrators announced on the state’s website Friday.
Court administrators say judges and court clerks should consider delaying hearings or conducting hearings by telephone or remote video if in-person hearings are “non-essential” and may put individuals at a health risk.
The courts identify essential proceedings as including criminal proceedings, CPS removal hearings, temporary restraining orders and temporary injunctions, juvenile detention hearings, family violence protective orders and certain mental health proceedings.
“Courts should publicly encourage persons with COVID-19 or flu-like symptoms, a fever or who are coughing or sneezing, to contact the court before appearing,” the court administrators stated. “Courts should also publicly encourage attorneys who know that clients, witnesses, or others have such a condition to alert the court in advance. The court should make reasonable accommodations and reschedule appearances and hearings as needed.
To the court administration’s credit, the instructions state that judges need to “be aware that the Open Courts provision of the Constitution will generally require that the public have access to proceedings. If you hold telephonic or video remote hearings, you should consider a method by which the public can have access.”