The first Zoom jury trial: Texas jurors use phones, iPads from sofas and a backyard

The jurors’ faces began to appear on the computer screen one by one, and each time a judge asked how they connected to the Zoom video meeting.

An iPad, some replied, while others in the jury pool signed on with laptops and cell phones from their living room sofas or home offices. One man even appeared to be sitting in a backyard.

When a woman couldn’t get the camera on her tablet to function properly, she apologized to the judge.

“Hey, it’s OK,” the judge replied. “We’re all new to this.”

Texas judges presided over what they believe is the first jury trial in the U.S. to be conducted over Zoom, portions of which were also live streamed on YouTube. It was a trial run and a glimpse into the way judiciary leaders may adjust to limiting people from packing into courtrooms during the coronavirus pandemic. For the most part, it appeared jury selection in the case succeeded with few glitches.

Across the country, courts are trying to navigate reopening after suspending jury trials to support social distancing, restricting court access to symptomatic people and expanding remote technology and training for hearings.

The National Center for State Courts is developing a “roadmap” to help courts reopen.

“Since the onset of the pandemic, courts throughout the country have determined to stay open to deliver justice without faltering, no matter the adjustments and sacrifices demanded, but also to protect staff, security, lawyers, parties, jurors, judges and the public from the risks of disease,” Nathan Hecht, chief justice of the Texas Supreme Court and co-chairman of the National Center for State Courts, said in a news release. “We are learning new technology and practices together.”

The judges in Collin County, northeast of Dallas, chose a summary jury trial to test their new system. A summary jury trial is a non-binding resolution used to shorten or avoid trials in which the plaintiff and defendant get feedback on ways jurors would potentially decide the case, the judges said. This case involved a dispute between State Farm and a property owner in McKinney over a wind and hail damage claim.

The jury selection, which lasted about 90 minutes, was the only portion publicly live streamed. The evidence portion of the trial was not “since this mediation process is not a public proceeding,” according to the video caption on YouTube.

District Court Judge Emily Miskel oversaw the technical responsibilities while retired Judge Keith Dean presided over the trial from his home office.

“I think of this as being at the courthouse because for centuries if you’ve got jury duty, you have to go to the courthouse for jury duty,” Dean said, per video of the trial. “In this case, the courthouse has come to you.”

In many instances, the proceeding mirrored a courthouse trial. The jurors all raised their hands and took an oath from Miskel. The judges wore robes. Attorneys questioned the jury pool.

Other times, the newness was evident. Miskel used a photo of a courtroom as a virtual background, while one juror used a picturesque image of a boat marina. When court resumed after a break, a juror had walked off camera to take a phone call and couldn’t hear a judge calling for him to return to his computer.

“Actually, this happens in the courthouse also,” Dean told the other jurors as they waited. “You’ve got to go find someone out in the hall talking on the phone.”