9. Additional comments: (For example, if your demographics are the same as before the pandemic but you are excusing more people in the high-risk categories, we would like your thoughts on ways to achieve a true cross-section of the community.)
[The following are the responses (unedited) we received to this question (July 2021).]
"The return rate on summons is much lower than before the pandemic."
"The response that we make the "usual inquiry about service and then decide" is not quite accurate; if anyone in the high risk group asks to be excused, they are excused."
"We tested and implemented a remote civil jury trial project, and found that the jurors loved the experience. Being able to serve from home enables even those who felt at high risk to serve without feeling their health was being endangered by their service."
"The best way to achieve a true cross section is virtual voir dire. It's amazing how much more diversity that creates in the pool, and how much more reflective the members of the pool are of the community. Excusals do not seem to especially affect any particular group."
"We have a high rate of vaccination in my state--Minnesota."
"We have kept careful statistics and have found no decrease in the ethnic/racial composition of our jury panels."
"It appears that those jurors who have been excused have not affected the demographics of the jury panel in the courtroom."
"Since we started back, I have been surprised at the small number of problems we have incurred. Demographics appear to be fine."
"Been in jury trials nonstop since early April. Jurors are complying with CDC protocol. Almost all have been fully vaccinated and those who have not wear masks in the courtroom. No issues."
"As noted, there is a general covid screen done before the jurors become part of the venire, so the cause challenges before me are not covid related."
"I did see a shift of more jurors willing to serve in the first 5 months of the year and I was more forgiving for excuses. It was interesting that I was seeing less cause challenges more African Americans actual serve on the jury during the pandemic. Since June once the vaccines have been available, I have shifted back to the pre-pandemic level of excusing jurors. Although it is a small sample, in the last 6 weeks, the cause challenges appear to have gone back to normal."
"I am surprised by how FEW jurors are using COVID as a reason to be excused. I think jurors may be MORE vested in serving than pre-COVID."
"That we are excusing more people in high-risk categories does not automatically mean that we are no longer achieving a true cross-section. Persons fall into high-risk categories themselves appear to come from a cross-section of the community."
"The Clerk's Office screens high-risk jurors. As a result, the number of hardship requests has been reduced."
"This concern is WAY overstated and perpetuated mostly by criminal defense lawyers, and others, who do not have actual 'boots on the ground' experience dealing with the situation. While it is possible there may be slightly fewer minority jurors showing up (who would presumably favor defendants in criminal cases), there are also many fewer older jurors showing up (who are generally very conservative and would presumably favor the prosecution in criminal cases). I wonder why the focus seems to be so much on minority jurors not participating, but very little is said about older people not participating??"
"Still trying to figure out what is happening in general."
10. If you have adopted any remote trial procedures during the pandemic, please let us know which of the following remote procedures you may keep even after your court reopens fully for in-person trials:
Remote scheduling conferences: 92.2%
Remote motion hearings: 87.5%
Remote jury selection followed by an in-person trial: 20.3%
Remote deliberation after an in-person trial: 3.1%
Full remote trials: 14.1%
Other: 21.9%
If you chose "Other," please list or comment below:
[The following are the responses (unedited) we received to this question (July 2021).]
"Remote witness testimony via Zoom or Teams"
"Pre-trial matters in both civil and criminal cases will not likely return to in-person settings, but they are handled via email more than zoom/virtual."
"Remote settlement conferences, remote trial testimony, remote trial if stipulated.
Note the rate at which jurors show up has been affected. Survey does not address.
We summons jurors directly to the Courtroom currently -- response of summoned jurors has been 50% or less."
"The full remote option is for civil cases only. We've done quite a few that way. ALL jury selection, for all cases, is virtual at this time, as are all dispositive motion hearings."
"Settlement conferences with the court in every case."
"Remote arguments. Remote TRO hearings. Remote class certification hearings. Remote change of pleas. remote sentencing."
"All back in person except for minor pretrial conferences with out of state lawyers. Lawyers have loved the resumption of being in court in-person. Even for scheduling conferences. They have thanked me profusely for getting trial lawyers back in the courtroom."
"I feel about remote 'virtual' proceedings the way my grandfather felt about sows, saying 'Every time that sow sticks its snout under the fence, kick it.' Zoom trials are like a priest being told to celebrate mass in a Wal Mart parking lot."
"Fully remote bench trials"
"Remote bench trials, remote settlement conferences (and indeed everything remote other than jury trials)"
"Jury trials must be in person. Bench trials depend on the parties and counsel."
"Bench trials"
"Full jury-waived trials conducted 100% remotely"
"I would continue only remote bench trials by stipulation of the parties."
"Remote court trials are common. Not jury trials. Low income jurors do not have the internet access to appear remotely."
"Remote non jury trials and remote evidentiary hearings"