Harris County Courts and COVID-19
NEWS
Harris County Courts and COVID-19
If you haven’t already, expect to get very familiar with Zoom© video conferencing service.
As our country inches towards a phased reopening, members of Houston’s legal community are pondering the questions of how the litigation process, the courts and jury system, and our everyday law office environment will be different in a post-COVID-19 environment.
For the foreseeable future, the office policies and procedures implemented by law firms in the wake of COVID-19 will continue in order to limit the spread of the virus. Thus, hand sanitizing stations, masks, and social distancing will be familiar sights in law firms throughout Texas and the rest of the country. As more and more law firms across Texas start to reopen, expect to see fewer in-person meetings with clients and colleagues. And, if you haven’t already, expect to get very familiar with Zoom© video conferencing service.
What about jury trials?
A recent Houston Bar Association webinar hosted by three Harris County District Court judges discussed many of the changes and challenges that can be expected as courts begin to open the doors for in-person hearings and jury trials. The judges expounded on the current state of the courts in Harris County and the assumed resumption of jury trials in the early fall. Currently, jury service in Harris County is suspended through June 30th, however, it’s clear that the courts have been planning and preparing for the eventual return to a reimagined post-pandemic courts system.
The May 21, 2020 “COVID -19 Operating Plan for the Harris County Judiciary District Courts, County Courts at Law & Probate Courts” lays out the protective measures that the courts have undertaken.
In part:
“All judges will comply with the Emergency Orders issued by the Supreme Court of Texas and Court of Criminal Appeals, including conducting in-person proceedings according to the guidance issued by the Office of Court Administration (OCA) regarding social distancing, maximum group size, and other restrictions and precautions. All judges will use all reasonable efforts to conduct proceedings remotely.”
What will be different?
A notable change will be the location and process for voir dire. Currently, the 350,000 square foot NRG Arena is being considered to assemble jurors and conduct voir dire. The location is easily accessible and has the space to ensure that social distancing requirements are met. Pre-screening questions will accompany the jurors’ summons so that the courts can determine who will respond to the jury summons and whether a jury can realistically be empaneled from that venire.
It’s clear that the pandemic has disproportionately impacted some communities more than others so there is concern that the makeup of the juror pool will not be truly representative of the population. Potential jurors may not respond to the summons because they have financial hardships, childcare issues, or may be caring for someone who is suffering from the virus. There’s also concern that the jury pool will be skewed because vulnerable populations will not show up as they worry that they may put themselves at higher risk of exposure. It will be imperative to have a process in place to address any disproportionate composition of the jury panels.
Once a jury has been selected, the trial will begin at the courthouse the following day. Visitors to the courthouse will encounter some of the newly implemented COVID-19 policies and procedures once they arrive at the courthouse. The most apparent change for courthouse visitors will occur immediately upon entry to the building. These procedures will be familiar for many of us that have ventured into public spaces in the last few weeks. All visitors will be required to have their temperature checked and must answer some COVID-19 related questions such as whether they’ve been exposed to the virus or have experienced symptoms. Everyone entering the courthouse will be required to wear a face covering. In addition, the elevators and hallways will have social distancing requirements. Inside the courtrooms, plexiglass partitions will be present for the witness, attorneys, court reporter, and the court staff. Another measure that will be in place is that the jury panel will most likely be seated in the gallery rather than in the jury box to ensure proper distancing.
Right now
Under guidance from the Office of Court Administration and emergency orders issued by the Supreme Court of Texas, courts are largely conducting dockets and court proceedings by telephone or by Zoom video conference. Importantly, the courts must ensure that the public’s constitutional right to have access to court proceedings is upheld.
Article 1 Section 13 of the Texas Constitution states:
“All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.”
To that end, many District Court judge’s webpages currently have public access video stream links so that the public can view court proceedings remotely.
The Near Future
As we move closer to a post-pandemic normal, it’s clear that the COVID-19 has pushed the legal community to utilize technology for court appearances more than ever before. Many of the judges are embracing the use of remote proceedings because of the increased efficiency and the cost-savings to the parties. In fact, many judges will continue remote appearances even after the COVID-19 virus is in the rearview mirror. Litigation and the courts system have evolved in just a few short months. We all look forward to what’s coming next.
ROB LEGASPI
Director of Trial Services, Pennebaker Inc.
As the Director of Trial Services for Pennebaker Legal, Robert manages all aspects of trial presentation, courtroom, and litigation graphics support for the firm. He has managed and provided courtroom support for hundreds of trials, arbitrations, hearings, and mediations. Robert has supported a range of complex civil matters such as construction, energy litigation, contract disputes, insurance matters, and toxic tort cases. He has also worked in-house at a major law firm providing courtroom and graphics support for over 300 attorneys across six offices. Robert’s experience and technical expertise in the courtroom has assisted trial teams in high-stakes, “bet the company” litigation obtain defense verdicts and multi-million dollar judgments in venues across the country.
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