Key Communications Issued
During the COVID-19 Pandemic

June 18, 2020

RE: Modification of Jury Trial Proceedings

Dear colleagues,

I am pleased to be able to share with you the attached guidance for resuming jury trials, which is the product of many weeks of dedicated work by the volunteer members of our Resumption of Jury Trials Workgroup and consultation with Glen Patrick, Senior Epidemiologist and Deputy Director of the Washington State Department of Health (DOH). Supporting the two guidance documents is a Supreme Court order modifying certain court rules and procedures. I cannot say enough to thank all of the individuals involved for their excellent work in making these resources available to courts across Washington.

The new Supreme Court order sets a baseline of expectations for public health compliance and modifies some court rules and procedures to allow for smaller groups during jury assembly and selection and greater use of remote technologies. The court rule changes are temporarily imposed to meet the exigencies of the COVID-19 pandemic, and will continue to be reassessed.

The set of guidelines provided by the Resumption of Jury Trials Workgroup outlines special considerations and options for modifying jury trial procedures in order to protect the health and safety of jurors, court personnel, litigants and the public. As the report explains, the workgroup divided into smaller committees to focus on discrete aspects of jury trials: media/messaging, pre-assembly, assembly and selection, conduct of trial, and juror deliberations. The DOH guidance authored by Mr. Patrick contains the well-researched and considered recommendations from our state's top public health officers. I know I speak for the entire judicial branch in thanking them for their assistance.

For several weeks, all courts have been working tirelessly in their local planning to resume jury trials starting as soon as July 6, 2020, and we hope this collected set of guidelines will assist in that work, by identifying resources and options to consider. Please understand that, as with any guidance in a rapidly changing environment, these are living documents. In fact, one reason we were not able to provide these to you last week is that some of the applicable public health requirements changed, along with aspects of the Governor's Safe Start Stay Healthy plan. As we move forward, it will be essential for courts to frequently check for updates from state and local authorities. I will continue to provide new information as it becomes available. Likewise, AOC will be reaching out to you directly to offer an array of services and assistance, including PPE supplies, media/messaging support, resources and webinars. We received favorable news about state CARES funding, though the details and processes are still being finalized. Please be on the lookout for these very important communications.

Yes, resuming jury trials in this COVID environment presents a daunting challenge, but we all know they are essential to the fair and timely administration of justice. I continue to be amazed by the work you are doing every day. You are creative, resourceful and passionate about justice, and your commitment to keeping our courts open and serving the people of Washington is building a legacy that will endure long after the present emergency.

Thank you, take care and stay safe,

Chief Justice Debra L. Stephens