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Broward Circuit has been testing its ability to conduct online jury selection, and the verdict is in. Despite some technical hiccups, a few moments of tedium and weak excuses not to participate, online jury trials appear to be a viable alternative to in-person proceedings amid the COVID-19 pandemic.

That's according to a newsletter from Chief Judge Jack Tuter, which said "Happily, only one juror appeared in the juror parking lot."

The court sent summons to 120 prospective jurors during the second half of June, according to Tuter's update, which said 55 answered the request. And by 8:30 a.m. on July 10, 49 had connected to a Zoom meeting after watching an instructive video about how to check in and use the platform.

Roughly five prospective jurors had been excused by that point, according to Tuter, who was pleased with how many people figured out the tech.

"None of the 49 jurors who checked in for jury duty could have done so unless they followed all of these instructions," the newsletter said. "The success rate was a true testament of faith in the jury system."

Broward Circuit Judge Patti Englander Henning presided over the check-in, flanked by two of the court's jury staff and a judicial information system staff member.

The pre-selection process was "more tedious than expected," according to Tuter's update, which said it took more than an hour for each juror to check in remotely and acknowledge the right to compensation, then be quizzed about exemptions, hardships and equipment to be used for jury selections.

Some jurors reported feeling uncomfortable participating, while others had trouble with their video output, particularly via smartphones, or couldn't see all of the video panels on Zoom. Some also said they had bad Wi-Fi signals and "made excuses just to bail out, such as being at a car repair shop when they checked in," according to Tuter's newsletter.

But the chief judge said most of the jurors were fully engaged, and once whittled down to 23, the panel entered a virtual courtroom for jury instructions and voir dire. Lawyers from the American Board of Trial Advocates conducted the questioning, which they based on a negligence lawsuit.

A question and answer session ensued with the spectators, most of whom were attorneys and judges, who asked the jurors about their experience.

Everyone said they'd feel comfortable taking part in a remote jury trial, and said they felt Zoom didn't stop them from judging credibility. However, some jurors noted Zoom wasn't a good format for certain cases, such as serious criminal trials.

All jurors said they felt they could render a fair verdict via Zoom and, in fact, would prefer to take part in a trial over Zoom rather than in person. But if ordered to go to the courthouse, they jurors said they would go.

'The only way'

The responses appeared to cement for Tuter the notion that online trials are realistic amid a pandemic. He said that although video trials have limitations, for criminal cases in particular, there's no reason why they can't be used for civil and other non-due process cases.

"There is no doubt in my mind jury trials can be conducted via a video platform," Tuter's newsletter said. "Had a judge brought up this possibility of viable jury trials to the legal community in March 2020 it is unlikely anyone would have thought it possible. Today, with continued COVID-19 outbreaks, remote jury trials may be the only way to safely move cases on civil dockets."

The question now, according to Tuter, is whether litigants will feel comfortable enough to have an online jury decide their cases.

Broward Circuit also conducted mock civil trials online using ABOTA lawyers as jurors.

This comes after Miami-Dade Circuit conducted Florida's first jury trial since courts closed in March. Jurors appeared in person for an insurance case, kitted out with masks, gloves and face shields.

Read more:

Plexiglass, Discreet Texts and Old-School Binders: Inside Florida's First Jury Trial Amid COVID-19

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