COVID-19 Jury Trial Status
Numerous court systems in the United States have suspended trials by jury during the COVID-19 pandemic in 2020. The Fully Informed Jury Association is extremely concerned about the effect of such a suspension of a Constitutional right that protects the people, particularly in a time of expanding criminal penalties resulting from COVID-19-related lockdown orders.
This data is supplied for informational and educational purposes. Click a state's name below (or on federal courts for that court system) to jump to the corresponding data in the listings below. We are adding data as quickly as possible. So that you can see at a glance if data is available for a given court system, as a given court system's data is added to this page, its name in the listing at the top of the page is changed to appear in bold. If your state does not have data available, check back again soon as data is being added daily.
Federal Courts
Alabama | Alaska | Arizona | Arkansas | California | Colorado
Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois
Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland
Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana
Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York
North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania
Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah
Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming
Federal Courts
The following news articles cover noteworthy developments in New York state's operation of trials by jury during the COVID-19 pandemic:
- 16 March 2020—Coronavirus Forces ‘Extraordinary’ Decision in NYC Federal Court: Juror Joins Deliberations Via Video (New York Daily News)
Alabama
Alabama Supreme Court Administrative Orders
The following select administrative orders from the Alabama Supreme Court pertain specifically to COVID-19-related changes to Alabama's administration of trial by jury and other closely related processes:
- 2 April 2020—COVID-19 Pandemic Emergency Response Order No. 5 (.pdf) extends the order of 13 March 2020 through 30 April 2020
- 15 March 2020—COVID-19 Pandemic Emergency Response Order No. 2 (.pdf) clarifies that the order of 13 March 2020 does not apply to out-of-court activity in civil cases
- 13 March 2020—COVID-19 Alabama Supreme Court Coronavirus Order (.pdf) suspends all in-person proceedings in state and local courts from 16 March-16 April 2020, with exceptions for (among other things) proceedings necessary to protect constitutional rights of criminal defendants, including bond- related matters and plea agreements for incarcerated individuals and civil and criminal jury trials that are in progress as of 13 March 2020
- 12 March 2020—COVID-19 Authority to Suspend Jury Trial Order (.pdf) allows but does not require presiding judges to suspend trials by jury from 16-20 March 2020
Alaska
Arizona
Arkansas
California
The following select administrative orders from the Judicial Branch of California pertain specifically to COVID-19-related changes to California's administration of trial by jury and other closely related processes:
- 30 March 2020—Judicial Council of California Statewide Emergency Order clarifying the previous order authorizes superior courts to extend the time allowed to consider a defendant's right to release, to charge a defendant with a felony offense, to hold a criminal trial, and to bring an action to trial. It further orders a 60-day continuance of jury trials. It also suspends any rule in the California Rules of Court that would prevent a court from using technology to conduct court proceedings remotely to protect people's health and safety.
- 23 March 2020—Judicial Council of California Statewide Order requires superior courts to suspend all jury trials for 60 days from the date of the order, except on a finding of good cause or through the use of remote technology. It further extends the time period for holding criminal and civil trials by 60 days.
- Miscelleneous Emergency Orders by Court
Notes:
As of 14 April 2020, we are aware of no state or local courts in California holding jury trials via remote technology. Nonetheless, we are pro-actively including information on trials by jury involving the use of remote technology because we have now seen at least one trial by jury in a federal court that allowed a juror to deliberate from a remote location via videoconferencing. Further, we have seen some public calls for remote juror participation, so this is an area we are closely monitoring.
Colorado
Connecticut
Delaware
Florida
The following select documents from the Florida Supreme Court's website pertain specifically to COVID-19-related changes to Florida's administration of trial by jury and other closely related processes:
- 6 April 2020—Administrative Order AOSC20-23 further suspends all grand jury proceedings, jury selection proceedings, and civil and criminal jury trials through 29 May 2020. Speedy trial time limits are further suspended through 1 June 2020. Current rules that prevent the use of communication equipment for conduct of proceedings remotely are also suspended through 29 March 2020. While trials by jury are suspended, the order specifically encourages the continued negotiation of plea bargains.
- 18 March 2020—Administrative Order AOSC20-17 further suspends all grand jury proceedings, jury selection proceedings, and civil and criminal jury trials through 17 April 2020, or as provided by a subsequent order. The provisions from the 13 March 2020 order regarding completion of in-progress proceedings and the double jeopardy clause are likewise extended. Speedy trial time limits are further suspended through 20 April 2020, with the exception of person arrested for first degree murder, in which case the suspension extends through 17 April 2020. While trials by jury are suspended, the order specifically encourages the continued negotiation of plea bargains.
- 17 March 2020—Administrative Order AOSC20-15 instructs circuit and county courts to continue to perform essential court proceedings. In specifically noting that trials by jury have been suspended, it implies that trials by jury are not essential court proceedings, though it notes that chief judges may determine that additional proceedings not mentioned in the order are essential. It further instructs these courts to continue to conduct proceedings related to violation of quarantine, isolation, and other orders related to the pandemic. Though it does not specifically say whether or not this use is acceptable to conduct trials by jury, it allows for the use of telephonic or electronic means to conduct non-essential court proceedings. The order is in effect through 27 March 2020.
- 13 March 2020—Administrative Order AOSC20-13 suspends all grand jury proceedings, jury selection proceedings, and civil and criminal jury trials from 16 March 2020 through 27 March 2020, or as provided by a subsequent order. An exception is made for proceedings that have already commenced to be completed if to do so without delay is determined to be required by the interests of justice. The order further states that, "In addition, the requirements of the double jeopardy clause must be considered in criminal proceedings." Time limits for speedy trials in criminal cases are suspended through 30 March 2020. Current rules that prevent the use of communication equipment for conduct of proceedings remotely are also suspended through 27 March 2020, with the exception that the confrontation clause must be met in criminal cases.
- 13 March 2020—Supreme Court Order SC20-346 amends Florida Rule of Judicial Administration 2.205 to give the Chief Justice a number of additional powers and duties during a public health emergency, including chancing deadlines that affect speedy trial procedures in criminal proceedings, modify rules governing proceedings being conducted remotely via electronic means, and suspending or continuing civil, criminal, and grand jury proceedings.
- Specific Emergency Orders by Individual Court
Notes:
As of 21 April 2020, we are aware of no state or local courts in Florida holding jury trials via remote technology. Nonetheless, we are pro-actively including information on trials by jury involving the use of remote technology because we have now seen at least one trial by jury in a federal court that allowed a juror to deliberate from a remote location via videoconferencing. Further, we have seen some public calls for remote juror participation, so this is an area we are closely monitoring.
Georgia
The following select documents from the Supreme Court of Georgia's and Judicial Council of Georgia's websites pertain specifically to COVID-19-related changes to Georgia's administration of trial by jury and other closely related processes:
- 6 April 2020—Order Extending Declaration of Statewide Judicial Emergency extends the order of 14 March 2020 to terminate on 13 May 2020 at 11:59 p.m. unless otherwise extended.
- 14 March 2020—Order Declaring Statewide Judicial Emergency provides that criminal trials in which a jury has been empaneled and trial has commenced will continue to conclusion unless the judge presiding over the trial finds good cause to suspend the trial or declare a mistrial. It further extends deadlines for a variety of matters, including (but not limited to) time within which to try a case for which a demand for speedy trial has been filed and time within which to return a bill of indictment or an accusation or to bring a matter before a grand jury. The order states that the statewide judicial emergency shall terminate on 13 April 2020 at 11:59 p.m. unless otherwise extended.
- 12 March 2020—Press Release Courts May Suspend Jury Trials If Necessary notes that the Chief Judge of each judicial circuit has the authority to declare a judicial emergency and suspend trials by jury and jury service and recommends that judges limit non-essential functions in their respective courthouses for at least two weeks.
- Emergency Orders by Circuit
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
The following select documents from the Montana Judicial Branch's website pertain specifically to COVID-19-related changes to Montana's administration of trial by jury and other closely related processes:
- 27 March 2020—Order from Montana Supreme Court Justice Mike McGrath (.pdf) suspends all criminal and civil trials by jury until after 10 April 2020, with the exception of criminal trials by jury where a jury has already been sworn and social distancing and other public health measures are in place. In these cases, the trial may proceed or, with the agreement of the accused, be postponed and concluded at a later date.
- 17 March 2020—Memo to Montana District Court Judges and Clerks, Montana Water Court, and Montana Courts of Limited Jurisdiction Judges (.pdf) suggests resetting all civil jury matters though 30 April at minimum and instructing prosecutors and defense counsel to review pending riminal jury matters and decide which need to go forward (parties are encouraged to find solutions that allow the courts to delay trials). If a jury must be seated, it states that the pool should be called in waves of no more than 10 with 6 feet between each person. People waiting to be called would also wait in groups of less than ten. "Again, this underscores the need to reduce juries," it says. With regard to remote proceedings via video or teleconference, the memo recommends that "Judges should attempt, to the degree possible, to conduct all necessary matters by video or teleconference" and "use your local discretion to do what is right for your area." There are no comments explicitly stating whether or not this would apply to trials by jury.
- 13 March 2020—Memo to Montana District Court Judges and Clerks, Montana Water Court, and Montana Courts of Limited Jurisdiction Judges (.pdf) makes several provisions for allowing trials by jury and bench trials to proceed, including releasing jurors who are infected, feeling ill, or are otherwise at-risk from jury duty; giving litigants the option to postpone trials by jury or opt for a bench trial; providing for social distancing when jury pools are called; and ensuring availability of cleaning supplies and handwashing procedures in jury rooms and other high-touch areas.
- Local Rules on Coronavirus for District Court
Nebraska
Nevada
New Hampshire
Supreme Court of New Hampshire
The following select documents from the Supreme Court of New Hampshire's and the New Hampshire Judicial Branch's websites pertain specifically to COVID-19-related changes to New York's administration of trial by jury and other closely related processes:
- 1 April 2020—Press Release Notice from Superior Court Chief Justice Tina L. Nadeau Cancellation of Criminal and Civil Jury Trials Due to Coronavirus (COVID-19) cancels all jury trials scheduled in New Hampshire Superior Courts through 4 May 2020.
- 28 March 2020—Renewed and Amended Order Suspending In-Person Court Proceedings Related to New Hampshire Superior Court and Restricting Public Access to Courthouses provides for restricted access to the New Hampshire circuit courts until 4 May 4 2020 and/or the last day of a Declared State of Emergency. It explicitly suspends "all in-person proceedings, including jury trial and grand jury proceedings" from 7 April 2020 through 3 May 2020. However, it further makes an exception for "Proceedings necessary to protect constitutional rights of criminal defendants, including bail-related matters, trials and plea agreements for incarcerated individuals." For this and the other exceptions, it specifies that "the court will conduct many of the above-referenced cases telephonically or by video, to the extent possible" and provides that "Any court rule, criminal or civil, that impedes a judge’s or court clerk’s ability to utilize available technologies to limit in-person contact is suspended for the duration of this order." It further emphasizes that "This order expressly does not prohibit court proceedings by telephone, video, teleconferencing, email, or other means that do not involve in-person contact."
- 27 March 2020—Renewed and Amended Order Suspending In-Person Court Proceedings Related to New Hampshire Circuit Court and Restricting Public Access to Courthouses provides for restricted access to the New Hampshire circuit courts until 4 May 4 2020 and/or the last day of a Declared State of Emergency. This includes a restriction on in-person proceedings with select exceptions including one for "Proceedings necessary to protect constitutional rights of criminal defendants, including bail-related matters, trials and plea agreements for incarcerated individuals." It further specifies that "Any court rule, criminal or civil, that impedes a judge’s or court clerk’s ability to utilize available technologies to limit in-person contact is suspended for the duration of this order." and "This order expressly does not prohibit court proceedings by telephone, video, teleconferencing, email, or other means that do not involve in-person contact." No specific mentions are made of trials by jury or jurors.
- 16 March 2020—Order Suspending In-Person Court Proceedings (.pdf) suspends all in-person proceedings in New Hampshire Circuit, Superior, and Supreme Courts from close of business 16 March 2020 through 6 April 2020.
- 12 March 2020—Press Release Notice from Superior Court Chief Justice Tina L. Nadeau Cancellation of Criminal and Civil Jury Trials Due to Coronavirus (COVID-19) cancels all jury trials scheduled in New Hampshire Superior Courts through 13 April 2020.
Notes:
As of 16 April 2020, we are aware of no state or local courts in New Hampshire holding jury trials via videoconferencing. Nonetheless, we are pro-actively including information on virtual courts in the above listing because we have now seen at least one trial by jury in a federal court that allowed a juror to deliberate from a remote location via videoconferencing. Further, we have seen some public calls for remote juror participation, so this is an area we are closely monitoring.
New Jersey
New Mexico
New York
The following select documents from the New York State Courts' website pertain specifically to COVID-19-related changes to New York's administration of trial by jury and other closely related processes:
- 6 April 2020—Press Release Virtual Courts Up and Running Statewide announces that provisions allowing essential and emergency court proceedings to be conducted remotely are now in effect statewide.
- 22 March 2020—Press Release Virtual Court Operations to Commence in NYC Mid-week announces that New York City Criminal Court arraignments (as well as some Family Court proceedings) will take place via videoconferencing.
- 15 March 2020—Memo from Chief Administrative Judge Lawrence K. Marks re: Updated Protocols classifies pending criminal and civil trials as essential functions that will continue to conclusion, while reiterating the indefinite suspension of any new criminal or civil trials.
- 13 March 2020—Memo from Chief Administrative Judge Lawrence K. Marks re: Coronavirus—Procedures to Reduce Courthouse Traffic (.pdf) indefinitely suspends civil jury trials in which opening statements have not commenced and criminal jury trials where jeopardy has not yet attached. It further indefinitely suspends jury selection in civil and criminal trials as well as impanelment of any new grand juries. Civil jury trials that have already commenced, criminal jury trials where jeopardy has attached, and existing grand juries are allowed to continue their work.
Notes:
As of 14 April 2020, we are aware of no state or local courts in New York holding jury trials via videoconferencing. Nonetheless, we are pro-actively including information on virtual courts in the above listing because we have now seen at least one trial by jury in a federal court that allowed a juror to deliberate from a remote location via videoconferencing. Further, we have seen some public calls for remote juror participation, so this is an area we are closely monitoring.
North Carolina
North Carolina Judicial Branch
The following select administrative orders from the North Carolina Judicial Branch pertain specifically to COVID-19-related changes to North Carolina's administration of trial by jury and other closely related processes:
- 13 April 2020—Order of the Chief Justice of the Supreme Court of North Carolina (.pdf) extends the date set in the order issued on 19 March 2020 to close of business on 1 June 2020.
- 2 April 2020—Order of the Chief Justice of the Supreme Court of North Carolina (.pdf) extends the below noted provisions of the 13 March 2020 order to no sooner than 1 June 2020. It further authorizes judicial officials throughout the state to conduct proceedings via remote audio and video under some circumstances, but it explicitly notes that this authorization does not apply to proceedings involving a jury. Additionally, the issuing judge notes in the order that as of the date of the order, this directive expires on 1 May 2020, but the judge expects to extend it to last through the end of May 2020.
- 19 March 2020—Order of the Chief Justice of the Supreme Court of North Carolina (.pdf) extends the time allowed in trial, but not appellate, courts for various pleadings, motions, notices, and other acts that were or are to be done in any county to close of business on 17 April 2020.
- 15 March 2020—Memo from Chief Justice Cheri Beasley re: Coronavirus Update for Our Courts (.pdf) specifies that for at least the next 30 days all civil and criminal district and superior court matters not subject to the exceptions in the previous order must be postponed.
- 13 March 2020—Order of the Chief Justice of the Supreme Court of North Carolina (.pdf) orders that most superior and district court proceedings be scheduled or rescheduled no sooner that 30 days from the issuance of the order. The order states that it does not apply to trials in which a jury has been empaneled or to grand juries which have already been empaneled.
- Miscellaneous Information by Court
Notes:
As of 14 April 2020, North Carolina does not permit jurors to participate in legal proceedings via remote technology. Nonetheless, we are pro-actively including information on trials by jury involving the use of remote technology because we have now seen at least one trial by jury in a federal court that allowed a juror to deliberate from a remote location via videoconferencing. Further, we have seen some public calls for remote juror participation, so this is an area we are closely monitoring.
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
The following select administrative orders from the Texas Judicial Branch pertain specifically to COVID-19-related changes to Texas' administration of trial by jury and other closely related processes:
- 13 March 2020—Emergency Order 1 allows both civil and criminal courts courts (and requires them, when necessary to avoid risk to court staff, parties, attorneys, jurors, and the public) to modify or suspend deadlines for up to 30 days, conduct proceedings in another location than usual if still within the same county, consider as evidence sworn statements and testimony given out of court by remote technology, and take "any other reasonable action" to avoid exposure to COVID-19 during court proceedings. The order specifically excludes jurors from its provision that courts may allow or require those participating in legal proceedings to do so remotely by videoconferencing or other remote technology. These provisions, the order states, are subject only to constitutional limitations.
- Miscellaneous Orders by Court
Notes:
As of 14 April 2020, Texas does not permit jurors to participate in legal proceedings via remote technology. Nonetheless, we are pro-actively including information on trials by jury involving the use of remote technology because we have now seen at least one trial by jury in a federal court that allowed a juror to deliberate from a remote location via videoconferencing. Further, we have seen some public calls for remote juror participation, so this is an area we are closely monitoring.
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
