The leaders of the judicial branch have tried. They have really tried to figure out a way to restart jury trials despite the pandemic, the worst public health crisis we have faced since 1918. They have tried despite facilities that often are barely adequate during ordinary times, despite staffing limitations, and despite lack of resources to meet this unplanned and unprecedented situation.

It is time to give up. It is time to put on hold any efforts to hold jury trials in the midst of the pandemic. It is time to be open and transparent with parties, lawyers and the public that fair and safe jury trials are just not possible now and that yes, regrettably, there will be a further delay. There are worse outcomes than delays.

We say this partly because of a dose of desperately needed good news recently – two vaccines seem likely to provide substantial protection from the virus. But it will take months to approve, produce, distribute and administer the hundreds of millions of doses needed. Still, it seems within the realm of possibility that a vaccine may be widely available by the middle or end of 2021. Perhaps then we can get back to something approaching where we should be, including holding jury trials.