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Law360 (September 17, 2020, 5:38 PM EDT) -- Jury trials in Massachusetts state courts could resume as early as next month after being shut down due to the COVID-19 pandemic, according to an updated order from the state's Supreme Judicial Court on Thursday.
The state's top court said jury trials could resume Oct. 23 at the earliest, with a "limited number" of six-person juries being empaneled for cases in a small number of locations. Decisions on the locations for the trials and the cases chosen to be heard will be made by officials in the specific court department and the trial court's chief justice.
A second phase in the courts' resumption of jury trials is expected to start in February and will expand the number of cases being heard and the locations, according to Thursday's order. This later phase will include 12-person juries and begin with the highest-priority cases, including more serious criminal matters, youthful offender cases and significant civil cases.
An August report from the court committee tasked with restarting jury trials during the pandemic acknowledged there won't be a risk-free way to do so. It noted that 3,000 jury trials had been scheduled but not held by that time due to the health crisis.
The report detailed how the committee would evaluate the effectiveness of its safety precautions — which include screening, social distancing, frequent cleaning with disinfectants, mask wearing and mechanical ventilation — as it gradually resumes jury trials, moving to an eventual third phase where all locations approved as suitable for jury trials would conduct as many trials as possible to address the expected backlog.
The order issued Thursday and accompanying statements from the court made clear that the timing of the plan will be adjusted if there are significant changes in the virus transmission rate in Massachusetts.
According to the August report, each phase must last at least two months because it needs to span at least two coronavirus infection cycles. That way, court officials will know if any jurors contract the virus during their service and then infect others.
Jury trials aside, state courts will try to continue to do business virtually as much as possible and hold limited in-person proceedings, the court's Thursday statement said. Clerks' offices and other court offices will be open to the public. Judges can continue to schedule in-person or virtual bench trials, and grand juries may be empaneled subject to certain conditions and approvals, the statement said.
--Editing by Alanna Weissman.
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