Two medical staff wearing protective suits treating a woman infected with coronavirus(Covid-19) inside an isolation ward at a hospital. Two medical staff wearing protective suits treating a woman infected with coronavirus(Covid-19) inside an isolation ward at a hospital. Photo: Mongkolchon Akesin/Shutterstock.com

As coronavirus outbreaks crop up across the country, some Texas judges are planning for what might happen if coronavirus infections derail hearings.

Some state judges in Houston are gearing to hold more video conferences and telephone hearings, in lieu of in-person court appearances. Meanwhile, Chief District Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas in Sherman issued a standing order that tells lawyers to communicate with their opposing counsel to find alternatives to in-person hearings or depositions.

Another jurist, 125th District Judge Kyle Carter of Houston, advised lawyers to call the court's clerk, if they feel sick before a hearing. Carter, whose court only handles civil cases, said that he and other civil judges he knows would have no problem allowing an ill attorney to appear by telephone instead of coming to court.

But a telephone hearing is tricky when the court needs to take evidence in the form of documents or witness testimony, he noted. That's why he and fellow judges decided to work with the county's technology department to establish video teleconferencing functionality.

"I am trying to minimize [the] need for attorneys to be present in the courthouse. We are trying to get ahead of it, and set up this video conferencing method as soon as possible," Carter said. "These are things that coronavirus has kind of stepped up the importance of trying to achieve."

In Houston, 127th District Judge R.K. Sandill tested the new video teleconferencing system Thursday for a hearing and said it worked well.

Sandill said the Harris County district courts have already been using telephone and video teleconferencing more frequently for hearings, because of courthouse space limitations that arose from Hurricane Harvey. Those systems now will come in handy because of coronavirus, he said.

"We are not canceling oral hearings. We are just moving some hearings to video conference," Sandill said. "With the issues going on today, this alleviates some people's concerns. It allows lawyers to make hearings even though they are not feeling well."

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Judges in federal courts in the Lone Star State are also taking coronavirus seriously.

Chief District Judge Lee Rosenthal of the U.S. District Court for the Southern District of Texas said that she's following coronavirus guidance that the Administrative Office of the U.S. Courts sent to federal courts nationwide. That office urged courts to remain flexible with policies for court staff, and to encourage methods to reduce travel by out-of-town lawyers and witnesses, especially those coming from international destinations.

"I would urge lawyers to, when it is consistent with their internal requirements or health concerns, that if there are ways to avoid traveling to court, and instead rely on video conference technology, or different kinds of ways to present arguments, present information to the court, without physical presence, we ought to be taking advantage of those," she said.

A judge in Sherman's federal court went one step further.

Gilstrap, who didn't return a call seeking comment, issued a standing order that outlines what lawyers must do if they, their clients, or a witness in a case is sick with coronavirus, or has come into contact with someone who is.

The court has a duty to ensure the just, speedy and inexpensive determination of proceedings, but it also needed to protect parties, court staff, witnesses and lawyers who appear in court, according to the order.

Lawyers should err on the side of caution, the order said. Gilstrap ordered attorneys to promptly notify their opposing counsel, if there's any suspicion that anyone in the case has coronavirus or was exposed to it.

The order noted that the U.S. government has issued travel prohibitions and travel warnings against those countries that are highly impacted by coronavirus. The order said that lawyers for both sides of cases must keep in contact regarding whether a scheduled hearing or trial would require international travel by a party, attorney, or witness which would violate the government's travel restrictions.

When a lawyer does notify his or her opposing counsel of this type of coronavirus threat, the order said the attorneys must discuss how to conduct the hearing, trial, or deposition in a way that is safe and complies with the U.S. government's travel restrictions. For example, they might be able to do a video conference instead, or simply delay the proceeding, according to the order. In some situations, the lawyer who is sick may be able to send a replacement, or if possible, a sick witness or corporate representative could be swapped for an alternative person.

The order also explained how lawyers need to notify the court about what happened, and if needed, ask the court to resolve any disagreements that occur.

The goal is to take the threat seriously, while also ensuring the court's continue to function.

Rosenthal, the Houston federal judge, said, "We intend to do our work, and to be prudent and careful, but to get the work done."