By: Bob Brown
I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.
- Thomas Jefferson
Trial by jury is the palladium of our liberties. I don’t know what a palladium is, but I am sure it is a good thing!
- Mark Twain
Texas is currently one of the hot spots with respect to Covid, and Houston in Harris County, is one of the hottest spots in Texas. Positivity rates are over 20% in Texas. Houston ICUs are at 100% capacity. The county judge has requested everyone to “stay home and stay safe”. She cannot order us to do so, as that power lies with the governor who has refused to enter such an order since our restart.
In this backdrop, we as in all areas of the country are dealing with the need to resume jury trials in both civil and criminal matters, while ensuring the safety of judges, court staff, attorneys, jurors, and witnesses.
We are also dealing with whether we can properly represent our clients in trial through Zoom or similar platforms. Juror response to summons, with the venire’s meeting at NRG Stadium, has been less than 10% since the courts have resumed sending out summons. There have been no studies on whether those who are appearing for jury duty represent a true cross section of the community.
In this backdrop, I have been requested by a court to essentially allow one of my cases to serve as a “guinea pig” as to best practices for trying some form of hybrid trial. He wishes to leave it to the parties as to whether the juries will be in the courtroom or remote, how many alternates may be needed, whether witnesses will be live or remote. I am proud he thought me a good candidate to try the first such case in his courtroom, yet I am troubled by the case which has been selected. The case is an oil field amputation case where the current demand is in excess of $20,000,000. Should a case such as this be the “guinea pig”, and should a case of this nature be the first case tried under the new normal?