New Jersey Chief Justice Stuart Rabner, center. Photo by Carmen Natale/ALM

As the state judiciary resumes proceedings in jury trials interrupted by COVID-19, the startup of any new jury trials still appears a long way off.

June 22 marked the first day of phase 2 of the state judiciary's post-pandemic plan. Phase 2, also known as the gradual and limited return phase, calls for 10% to 15% of judges and staff to begin working in their courthouses, and for on-site proceedings to resume for certain matters that cannot be conducted online. During phase 2, state courthouses are open only to attorneys, litigants and members of the public with scheduled proceedings or appointments.

Also as of June 22, Chief Justice Stuart Rabner approved the resumption of proceedings in the matter of State v. Barksdale, a criminal trial in Ocean County that had been underway for three weeks before the pandemic forced its shutdown. Rabner has also approved the restart of two other trials brought to a halt by the pandemic, both in Bergen County—a civil case, Dranon v. Wells Fargo, for June 29, and State v. Rente, a criminal case, for July 13.

And two other trials that were shut down by COVID-19 are anticipated to resume shortly, pending implementation plans—State v. Jackson, in Cumberland County, and State v. Smith, in Bergen County.

But another Bergen County criminal case where a jury trial was cut short by the pandemic, State v. Lawson, remains postponed after the attorneys did not consent to a resumption of trial. In that case, a jury was picked but not sworn in, and no arguments or evidence have been presented.

Before each of the interrupted trials resumes, Rabner must determine whether the proceedings can be conducted in a safe environment for jurors and other participants, said judiciary spokesman Pete McAleer. That decision considers factors such as whether layout of the courtroom and deliberation room allow for appropriate social distancing; whether procedures to screen jurors and other participants for COVID-19 are in place; how jurors will enter and exit the courtroom and what security is available; what restrooms are available and how often they will be cleaned; whether victims and others will be able to view trial proceedings; and the level of coordination with the Sheriff's Department to assist with safety measures.

Phase 1 of the judiciary's post-pandemic plan was marked by court buildings that were closed to the public and court proceedings conducted remotely. But the judiciary is giving little indication when new, in-person trials will commence.

Phase 3 of the post-pandemic plan, dubbed "New Operations," calls for ongoing remote operations with a gradual increase in on-site events, which will eventually include new jury trials. Also in phase 3, 50% to 75% of judges and court staff will be on-site, with staggered schedules.

McAleer, when asked when phase 3 will begin, or what conditions need to be met before new trials can start, said, "No dates have been set for the start of phase 3."

"Two months ago, Chief Justice Rabner established post-pandemic planning committees to prepare for the future of court operations in several critical areas, including court operations, human resources, health and safety, and the resumption of jury trials. Planning for the resumption of jury trials are currently being considered by the committee," McAleer said.