Ride the Lightning

Texas Holds First Zoom Jury Trial

May 26, 2020

On May 22, Reuters blogged about a story everyone in legal wanted to follow, the first time a state (Texas) held a jury trial through the videoconferencing application Zoom.

Potential jurors in Collin County, Texas logged in by laptop, smartphone and tablet from home for a so-called summary jury trial, in which jurors hear a condensed version of a case and deliver a non-binding verdict as part of an alternative dispute resolution proceeding.

Judge Emily Miskel helped oversee the trial, which involved a lawsuit alleging insurer State Farm of failing to honor its obligations to cover a building's property damage caused by a 2017 storm.

In an interview, Judge Miskel said things went better than expected. The jurors reported that they all liked it. Jurors who had served on in-person juries preferred the online format. It was more time-efficient, there was no driving to the courthouse, and no waiting. They also felt they could see the evidence and the witnesses more clearly.

A non-binding jury verdict is one thing, but how would Zoom handle civil and criminal trials?

Judge Miskel said, "The two areas that we need to carefully do more study on are the beginning and end of the trial. If you live in a rural place that doesn't have reliable internet or do not have a device at home, we need to make sure you can still participate. And during deliberations, it would be a concern for everybody on how they would be able to get any technology problems resolved while maintaining the sanctity and privacy of jury deliberations. So does that mean we have a tech helper who is muted?"

The judge reported that there were the usual predictable tech problems, like when a juror dropped off the call but then got back on (other stories reported the juror got off in order to take a phone call – that certainly wouldn't happen in a courtroom but I can see that happening with a remote juror).

The judge noted that "jurors fall asleep during trials. You can make their bodies physically be there, but if the attorneys aren't engaging them, you can't make them listen."

As far as next steps, the judge said that Texas would test more pilot programs to give people more flexibility. She also noted that with the protections the courts are requiring as they reopen, they will have significant problems with in-person proceedings.

Point well taken. Does justice really require a courtroom? Tradition aside, a lot of folks are asking that question.

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
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