Zoom video conferencing call via computer. Photo: Credit: Girts Ragelis/Shutterstock.com

A handful of Texas judges are starting to hold bench trials through video conference as courthouses remain shuttered because of the COVID-19 outbreak.

Although judges across the state have been using Zoom since late March for hearings in both criminal and civil cases, the use of the remote technology for a full-blown trial is new.

For example, on Wednesday, Judge Beau Miller of Harris County's 190th Civil District Court said he'll become the first Houston judge to conduct a video trial. The court will live-stream the trial to keep it open to the public. The video stream will be at this link starting at 10 a.m. on Wednesday.

"My goal as a judge is to get our cases tried and a resolution as efficiently as possible," Miller said. "I think it is incumbent on us to move the process forward as best we can under these very trying circumstances."

Miller said his experiment has spurred a lot of interest from his judicial colleagues, who may follow suit if things go well.

Although it may be the first in Houston, this Zoom trial isn't the first in Texas, according to Megan LaVoie, spokeswoman of the Texas Office of Court Administration.

"There have been several bench trials held through Zoom by Texas judges," she wrote in an email.

Miller noted that both the plaintiff and defendant in his case agreed to the Zoom format, and both sides have already submitted all their trial exhibits. His court coordinator will handle the technology said of the proceeding.

"My intent is to run it like we run it in the courtroom–just it will be virtual," Miller said. "It should be a very good test case to do."

Good test case: insurance

The case, Ahmed v. Texas Fair Plan Association, is an insurance dispute. Plaintiff Adil Ahmed claimed that his insurance company, Texas Fair Plan Association, improperly denied or underpaid his insurance claim for storm damage to his home in Spring, Texas. The petition said eventually both sides agreed on an appraisal and now, the only issue in the trial is how much in attorney fees the insurer must pay the plaintiff.

Ahmed argues he's owed nearly $100,000 in fees, said his attorney Rick Daly, partner in Daly & Black in Houston. Because it's a relatively small sum, the plaintiff felt more liberal in allowing the trial to go through Zoom.

"It's a good test case," Daly said.

Texas Fair Plan Association denied all of the allegations and argued it hasn't accepted liability for the claim. In an answer, the defendant claimed it has already paid Ahmed nearly $13,200 for the claim and nearly $6,500 in penalties, interest and attorney fees. The defendant has asked the court to offset any award by the amount it has already paid and by the deductible.

"As a lawyer, I embrace any ideas and judicial procedures that allow my clients to get justice and resolve their legal matters more quickly," said an email by defense attorney Jay Old Jr., partner in Hicks Thomas in Beaumont. "I think trying a case this way will be exciting and challenging. I look forward to it."

Daly & Black partner John Black, co-counsel for the plaintiff, also said that he's excited to be among the first attorneys to use Zoom for a trial.

"I think examinations are more difficult, because it's hard to gauge human reaction over Zoom," Black said. "I think it will be glitchy, as we work through unexpected issues, like whether or not the witness can see the document, or whether or not everyone can hear one another."

Black added that he's grateful this case is moving forward but also has concerns about the idea that Zoom may become a normal format for a trial.

"I do think trial advocacy requires a lot of skill, and there is some art to being in a courtroom. A Zoom proceeding really removes that element, almost completely. How do you advocate persuasively via video teleconference? It's a very different dynamic," said Black. "We're looking forward to the time we can step back into a real courtroom to try a case."