Photo: Jason Doiy/ALM

There's a new task force in Texas to study how to restart criminal jury trials during the COVID-19 pandemic.

The State Bar of Texas board of directors on Wednesday unanimously approved the creation of the task force, made up of 17 prosecutors, criminal-defense attorneys and judges who will meet virtually and provide a report by July 31 for the Texas Supreme Court and Texas Court of Criminal Appeals.

Restarting criminal trials during the outbreak will have more complications than restarting civil jury trials because unlike in civil cases, criminal-defendants have certain constitutional rights that cannot be waived, explained Incoming State Bar President Larry McDougal, who requested the creation of the Presidential Task Force on Criminal Court Proceedings.

"The plan is to work through the issues—constitutional issues—in starting jury trials back in the wake of COVID-19," said McDougal, a criminal-defense lawyer.

The three co-chairs of the task force are Rockwall County Criminal District Attorney Kenda Culpepper, criminal-defense attorney Grant Scheiner and 124th District Judge Alfonso Charles, who is presiding judge of the 10th Administrative Judicial Region. Each of those three co-chairs appointed four members to the group. McDougal is also serving, and he brought in Texas Court of Criminal Appeals Judge Bert Richardson as well. Two liaison members include State Bar Executive Director Trey Apffel and David Slayton, administrative director of the Texas Office of Court Administration.

McDougal said, "To make sure we do it right, is what we are after."

The Texas Supreme Court has ordered courts not to conduct jury trials through Aug. 1, with some exceptions. Some courts will be allowed to conduct experiments on resuming jury trials, under the observation of the court administration office.

No raises

Also at Wednesday's Texas Bar board meeting, the board met in closed session to conduct the job evaluations of Apffel, the bar's executive director, and General Counsel Ross Fischer.

When the board came back to open session, outgoing President Randy Sorrels noted that the bar has paused salary increases for bar employees. Sorrels said that Apffel had asked for a pause on his own raise and bonus until all bar staff were eligible for raises.

Sorrels said the board accepted that request.