As the bench and bar enter the second year of the COVID-19 pandemic, the courts are struggling with the procedure of conducting trials while protecting participants from infection. As much as there is an effort to promote settlements in civil cases, eventually some cases must be tried. The courts must take precaution to protect the participants from the COVID-19 virus and yet ensure due process. Procedure for civil trials can be adjusted for remote participation of parties and witnesses.

The major problem for the courts is the criminal jury trial. I believe the criminal jury trial in the common law heritage countries is one of the last strongholds of freedom. It is where the prosecution's witnesses must appear and testify under cross examination before a jury chosen at random from the population. The judge and jurors must observe the witnesses and hear the witnesses' answers. The jury must hear counsel's arguments then deliberate in private to reach a verdict. There is no substitute for these aspects of the criminal procedure.  How to handle this complex process and yet protect all participants against the chance of infection is no easy task.