When it comes to the coronavirus outbreak, Texas judges need to weigh the health and well-being of individuals with the requirement that the courts remain open and accessible to those who seek justice, Texas Supreme Court Chief Justice Nathan Hecht told The Texas Lawbook in an interview late Wednesday night.
Harris County court officials have decided to shut down jury duty in civil disputes for the next three weeks and other courts are considering it. This comes as scores of legal and business organizations have cancel their events, multiple law firms have postponed their partner retreats and many firms have restricted international travel and are allowing employees to work from home.
“This situation is moving very fast and we definitely do not want to put people’s health at risk,” Chief Justice Hecht said. “At the same time, we still have to function and do justice. The courts still need to get our work done.”
Harris County Civil Administrative Judge Michael Gomez, in a statement released Wednesday, said that all civil jury trials are suspended until at least the end of March because of the “growing health concerns and to protect the rights of all residents of Harris County.”
“Each court will exercise its own discretion on a case-by-case basis regarding the calling of bench trials,” Judge Gomez stated.
The decision does not impact criminal court trials, which are required by the state and federal constitutions to provide hearings and trials in a more speedy manner.
Chief Justice Hecht said that judges and lawyers may start facing issues with impaneling juries because of “this environment of concern” over the coronavirus.
“If procedural deadlines need to yield [because of health concerns], then they should,” he said.
Chief Justice Hecht noted that Chapter 81 of the Texas Government Code allows law enforcement officers to get court orders to quarantine individuals over their objections. But the law also states that the courts must provide the individual a full hearing within 24 hours of her or his detention.
“The question is, who would represent those individuals,” he said. “Well, hundreds of Texas lawyers have signed up to do it, knowing the risks and knowing that their client communications will be difficult. The Texas bar should be proud of that.”
The chief justice pointed out that Texas law allows the state supreme court to suspend procedural rules when the governor declares a statement of emergency.
“That is what happened with Hurricane Katrina,” he said.