Judges are confronting a vexing challenge: how to safely convene jury trials at a time when health officials continue to caution against public gatherings.
All 50 states are now partially reopened for business after a devastating March and April. Here's what happened throughout May.As courts across the country begin to cautiously resume in-person hearings through the COVID-19 pandemic, judges are confronting a vexing challenge: how to safely convene jury trials at a time when health officials continue to caution against public gatherings.
One current federal judge who spoke to ABC News on the condition of anonymity in order to be candid described the dilemma as a “terrible burden,” in judges not being able to guarantee the safety of those they're asking to carry out their civic duty. The court required all citizens who enter the building to wear facemasks but also stated that all “who have health concerns related to COVID-19 will be allowed to defer their service to a future date.”
Kendall added, “They may not want to be put in an environment that puts them at risk. And then, too, you add a layer on to that of -- [defendants are] entitled to a jury of a cross-section of the community.” “We decided on plexiglass around the witness stand because that would allow the witness to testify without a mask so that the jurors could hear the witness better,” McIntosh said.
Typically after receiving a summons in the mail from their local court, a select number of people from a particular jurisdiction convene in a court room to answer questions that may be related to a case as they are considered to be chosen for the jury. McIntosh noted that he recently heard from an attorney affiliated with the National Center for State Courts who had participated in such a virtual voir dire and “liked it.”
Preserving the dynamic nature of such trials, with public presentations and numerous private conferences conducted between the judges, witnesses, jurors, attorneys and their defendants is seen as essential in order to protect the rights of the criminally accused.
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