The phrase “I want my day in court” is something every lawyer hears — the moment when a client finally gets to present their case before a judge or jury. But since the arrival of COVID-19 in early 2020, that “day in court” has been indefinitely delayed for many Texans.
Court Closures and Delays
When the coronavirus pandemic began spreading across Texas in March 2020, the Supreme Court of Texas issued a series of emergency orders that effectively paused most in-person proceedings.
In its May 26, 2020 Emergency Order Regarding the COVID-19 State of Disaster, the Court specified that no jury trials could begin before August 1, 2020.
Even with that guidance, there has been significant uncertainty within courthouses across the state. Judges, attorneys, and clerks alike have been left asking the same question: When will trials actually resume?
The Challenges of Holding Jury Trials During a Pandemic
Jury trials present a unique challenge in the era of social distancing.
Selecting and empaneling a jury requires bringing together dozens—sometimes hundreds—of people in one space. That process directly conflicts with public-health guidelines designed to protect against the spread of COVID-19.
Other complicating factors include:
-
Rising case numbers and ongoing public-health risks
-
Concerns about a potential second wave of infections
-
The lack of an approved vaccine at the time
-
The arrival of flu season compounding the problem
Even if a safe and efficient process for jury selection were developed, there is understandable hesitation among citizens to appear for jury duty during such uncertain times.
Looking Ahead
Some judges in Tarrant County have expressed the belief that criminal jury trials may not resume until sometime in 2021.
As a result, when clients ask me, “When will I have my day in court?” the most honest answer I can give is: We don’t yet know.
Until the courts can safely reopen for full operations, patience will be essential. The legal system is adapting to this evolving situation, and every day brings new information and guidance.
For now, we continue to monitor court directives, protect our clients’ rights, and prepare for the day when justice can once again be delivered in person.