Most trial lawyers in Houston do not want jury trials to return before the fall, and they widely oppose the idea of remote jury trials, instead supporting in-person trials that use infection-control measures, according to a new survey of more than 3,000 attorneys that was conducted by the Harris County judiciary.

While preparing to reopen courthouses and pondering precautions for the future return of jury trials, the judiciary of Harris County polled local attorneys from May 19 to May 22 and received 3,183 responses to the survey. The research is noteworthy because it asked for lawyers' thoughts about a long list of health and safety precautions that are now becoming commonplace across the Lone Star State and about experimental jury trial methods that may get tested this summer.

When asked if jury trials should return this summer, fall or another time, 57% of the 3,183 attorneys picked the fall.

Among them, 85% of lawyers cited concerns about the health and safety of participants, 74% worried about how to judge a face-masked witness's credibility and 69% had concerns about picking a jury when jurors' faces were covered.

Lawyers also widely oppose the idea of remote jury trials—74% of respondents said they wouldn't do it.

Although courthouses across Texas are reopening June 1 to limited numbers of in-person proceedings, jury trials are not included. The Texas Supreme Court has ordered a pause on jury trials through Aug. 1, except for a limited number of jury trials that experiment with new procedures to keep participants safe from COVID-19 infection.

The survey also polled attorneys on some of the ideas that are swirling about experimental jury trials.

Full survey results:

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For example, when asked to choose from a list of precautions that courts should take before they seat a jury, the most commonly chosen precautions were: conducting voir dire in large venues, picked by 69% of respondents; using smaller voir dire panels to enable social distancing, picked by 45% of respondents; and using plexiglass shields around jurors in the jury box, chosen by 44% of the lawyers.

Even though the survey makes clear that Zoom court proceedings have become ubiquitous—77% of the attorneys have done them—there was resounding opposition to the idea of doing voir dire over Zoom or other video conferencing technology: 64% of the lawyers said Zoom would make them less likely to participate in a jury trial.

Yet only about one in four of the respondents had considered waiving the right to a jury trial in any case because of the pandemic. Only 5% of the respondents said they had already waived a jury trial due to the health crisis.

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Infection control

One line of questioning asked lawyers about infection control precautions that will become commonplace at courthouses across Texas as they reopen in June.

The attorneys showed overwhelming support for mandatory face coverings: 45% said the measure must be in place before they appear in court voluntarily. Another 32% said face covering rules would make them more likely to appear voluntarily.

Screening measures at entrances were also important.

For example, 34% of the respondents said they wouldn't go to court voluntarily unless temperatures were taken at the entry, while another 36% said temperature-taking would make them more likely to appear voluntarily. Regarding symptom screening questions at courthouse entrances, 32% said it must be in place before they appear in court, and 34% said it would make them more likely to appear.

Within courtrooms themselves, the attorneys wanted hand sanitizer at counsel tables, with 83% of respondents saying that precaution would make them comfortable.

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