Appreciate Harris County for resuming grand juries
John Adams correctly observed that “representative government and trial by jury are the heart and lungs of liberty.” A recent op-ed criticized the efforts of the judiciary in resuming the summoning of citizens for jury service, which has been on hold because of the COVID-19 pandemic. I personally visited the temporary jury assembly facility at the NRG Arena to see how the district courts are actually conducting proceedings. What I found was an extremely efficient, safe facility and process.
The district courts began work in March on a plan for resuming grand and petit juries. A new facility was needed, since the current Harris County Jury Assembly Plaza remains out of commission from Hurricane Harvey damage. After a thorough investigation, the district courts found an appropriate space for grand jury calls at the NRG Arena. These plans have also been reviewed by Harris County Public Health, Harris County Constable Precinct 1, County Engineering, the Harris County District Clerk and the Harris County Judge, among others.
Right now, the district courts are focusing on jurors for five new grand juries because the extended terms of the pre-COVID-19 grand juries expire soon. Prospective jurors are receiving summons that include information and instructions on how to notify the district clerk of any health or medical concerns. Jurors without such issues receive a second notice, identifying when they are to appear at the NRG Arena. The summons dates and times are staggered, reducing congestion. Upon receipt of that second notice, summoned jurors have a second opportunity to notify the district clerk of any new health or medical concerns.
Jurors arriving at the NRG Arena have their temperatures checked before entering the building. Inside, the security line is clearly delineated with ropes and spacing markers on the floor. Every person entering the building must wear a mask. All rooms and activities at NRG Arena are on the first floor, so there is no need to use an elevator.
Jurors are then directed to a large jury assembly room, where seats are carefully marked. There are at least three seats between jurors and the person to their immediate left or right. The rows in front and behind seated jurors are also empty and roped off.
Jurors are eventually assigned to a smaller voir dire room, which also has many seats between jurors and empty, roped-off rows in front and behind. All jurors are given a new face shield to use and keep afterwards. The court and its staff are spaced apart at distances exceeding 6 feet and also wear face shields and masks. At the end of the day, jurors are discharged one row at a time to reduce congestion.
Cleaning is rigorous. I observed teams of janitors cleaning all areas of the facility. The arena also has many hand sanitizer stations.
Summoned jurors who prefer not to come to NRG Arena are also given the option to participate with Zoom hearings. On the day that I attended, approximately half of the people were qualified through that process.
It is unclear when juries will be assembled for actual criminal or civil jury trials. Under the Texas Supreme Court’s most recent order, jury trials are on hold until Sept. 1, unless there is special authorization. The idea suggested in the editorial, that the district courts are off to the races with jury trials, is not accurate.
However, the district courts are likely to resume jury trials at some point during the year, and plans are currently under discussion for how that can be done safely. The district courts are considering ideas such as using face shields and clear plastic partitions, and flipping the court around so that jurors will sit in the gallery where there is more space for distancing. The courts may pick specific courtrooms in easily accessible locations for these trials and use empty courtrooms for jury deliberations, again so that distancing can be observed.
Meanwhile, most district courts are using Zoom technologies for remote hearings and other conferences. Many district courts also have set up YouTube channels where these Zoom proceedings can be observed by the public.
Rather than being condemned, our district court judges and staff deserve appreciation for working hard and creatively to restore our fundamental rights to a jury as quickly and safely as possible.