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`With Infections ‘Dangerously Rising,‘ East Texas Federal Judge Halts Jury Trials Through March 2021 | Texas Lawyer
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`News (/news/)
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`With Infections ‘Dangerously Rising,‘ East
`Texas Federal Judge Halts Jury Trials
`Through March 2021
`
`ChiefJudge Rodney Gilstrap of the US. District Court for the Eastern District of Texas in Marshall has postponed all
`trials through at least March 2021, in response to the coronavirus spike and infections that spread at anotherjury tr
`his district.
`
`
`By A_ngela Morris (mpszllwww.Iaw.com/texasla
`
`er/author/profile/Angela-Morrisl)
`
`| November 23, 2020 at 01:58 PM
`
`f
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`In
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`12/1/2020
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`With Infections ‘Dangerously Rising,‘ East Texas Federal Judge Halts Jury Trials Through March 2021 | Texas Lawyer
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`
`ChiefJudgeJames "Rodney" Gilstrap. Photo: Diego M. Radzinschi/NLJ
`
`A federal judge has listened after a handful of litigants tried to reschedule their trials
`
`in the midst of another coronavirus spike and news that a jury trial in mid-November
`
`spread the virus.
`
`ChiefJudge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas
`
`in Marshall entered the same order to grant continuances in his cases that were
`
`scheduled forjury trials over the next three months. The trials are not happening
`until at least March 1, 2021.
`
`"We now face a dangerously rising rate of increase in COVlD-19 cases and swelling
`
`hospitalizations in this district and across the country,” Gilstrap wrote. "This changing
`
`reality has recently been brought home by a trial conducted elsewhere in this district
`
`where, despite extensive precautions and safeguards, a mistrial was declared after
`
`multiple jurors, counsel and court staff tested positive for COVID-19."
`
`After at least 15 jurors, court staff and plaintiffs and defense team members were
`
`infected with COVID-19 at a jury trial in U.S. DistrictJudge Amos Mazzant’s courtroom
`
`earlier this month, at least three defendants in three separate cases requested
`
`continuances in matters that were scheduled forjury trials before Gilstrap in early
`December.
`
`Read more: 15 Infections, Mistrial: How Litigants Are Filing for Continuances
`
`After Texasju_ry Trial Spread COVlD-19
`
`(Imps/[WWW law com/texaslawyer/2020/11/1 9/15-infections-mistrial-how-
`
`Ltigants-are-fiIing—for-continuances-after—texas—jmy—trial-spread-covid-1 9]),
`
`With reluctance, Gilstrap approved the trial delays.
`
`He’s not the only federal judge to reach this conclusion lately. U.S. District Courts
`
`across the nation—like in Pennsylvania, New York, Virginia and Maryland—have
`
`.(mpszllwwaawxom/texaslawyerl2020/11/20/amid-covid-19-spike-25-federal-
`
`courts-in-21-states-are-quittingrjmy-trials-ageril),
`
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`12/1/2020
`
`With Infections ‘Dangerously Rising,‘ East Texas Federal Judge Halts Jury Trials Through March 2021 | Texas Lawyer
`
`Gilstrap’s order explained that federal courts in the Eastern District and elsewhere
`
`shutdown in March because of the pandemic, butjudges were convinced they could
`
`resume in-person proceedings safely injune and July because infection rates had
`
`subsided.Judges and court staff put time and energl into safety precautions and
`
`protocols based on public health officials' recommendations, the order said.
`
`Gilstrap’s court did its first in-person jury trial in August, followed by trials in
`
`September, October and November, said the order.
`
`The judge wrote that the current public health status required him to continue all in-
`
`person jury trials. The order noted that the court’s docket has complex civil cases
`
`and that court participants have to travel in from other domestic or international
`
`locations. Those places have travel restrictions and quarantines.
`
`Gilstrap wrote that he was reluctant to take this step. There had been huge efforts to
`
`resume in-person jury trials. The court could adequately address some motions
`
`through virtual proceedings, but to really give parties their rights under the
`
`Constitution, the court was required to hold in-person jury trials, the order
`
`explained.
`
`"Jury trials are innately human experiences. More is often communicated in a
`
`courtroom non-verbally than verbally. Such a human experience must allow for the
`
`look and feel of direct human interaction,” said the order. "This court is persuaded
`
`
`
`that the remote, sterile, and disjointed reality of virtual proceedings cannot at
`
`
`
`FEATURED PRODUCI'
`
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`,(tltps://store.law.con
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`present replicate the totality of human experience embodied in and required by our
`Sixth and Seventh Amendments."
`
`Gilstrap’s order dropped other hints on his true thoughts about virtual proceedings.
`
`It’s not good.
`
`The order said that audio and video that is out-of—sync, and connections that get
`
`dropped during proceedings, have detracted from administeringjustice. The court
`
`can’t observe intonation, body language, attitude and other vocal or physical
`
`nuances "that normally breathe life and meaning into the written briefing," the order
`said.
`
`"This approach also unavoidably hampered the court’s ability to interject questions
`
`and have an easy dialogue with counsel," Gilstrap wrote.
`
`Litigators’ spouses, children or family pets intruded into virtual proceedings, said the
`order.
`
`Gilstrap wrote, "While such happenings may be an increasing norm of remote work
`
`in many contexts, they stand in stark contrast to the formality and solemnity in
`
`which court proceedings traditionally are and must be conducted."
`
`Related story:
`
`Amid COVlD-19 Spifi, 25 Federal Courts in 21 States Are QuittingJ_ury Trials Agfl
`(litpsd/www.law.com/texaslawyer/2020/11/20/amid-covid-19-spike-25-federal-courts-
`in-21-states-are-quitting:ju_ry-trials-agLnl)
`
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`12/1/2020
`
`With Infections ‘Dangerously Rising,‘ East Texas Federal Judge Halts Jury Trials Through March 2021 | Texas Lawyer
`
`Angela Morris
`Angela
`Morris is
`ALM
`
`_(Mps://www.law.com/texaslawyer/author/profile/AngeIa-Morrisl),
`
`Media's
`Texas
`litigation
`reporter.
`She covers
`lawsuits in all levels of Texas state and federal courts. Based in Austin, Morris earned journalism and
`government degrees from the University of Texas at Austin in 2006, and since then, has worked
`primarily as a reporter and writer, but also has skills in videography, photography and podcasts. Follow
`her on Twitter at @AMorrisReports.
`
`More from this author -> (https:llwww.law.comltexaslawyerIauthor/profilelAngela-Morrisl)
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`Dig Deeper
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`connect-with-jurors-during-in-person-
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`(HTTPS://WWW.LAW.COM/DA|LYBUSINESSREVIEW/AUTHOR/PROFILE/MICHAEL-
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`
`a-miami-federal-jglges—order-on-
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