Resuming Jury Trials

The Washington State Supreme Court suspended all new civil and criminal jury trials on March 18, 2020 in response to the COVID-19 pandemic. The close-contact nature of traditional jury trials put jurors, court staff, parties to the cases and the public at significant health risk from transmission of the virus.

However, jury trials are a cornerstone of the judicial system. The Resumption of Jury Trials Workgroup was convened by Chief Justice Debra Stephens to examine health directives, legal and constitutional requirements, and jury innovations around the state and country in order to develop a framework for safely resuming jury trials. The workgroup consulted closely with the Washington State Department of Health and applied that information to the steps involved in empaneling juries.

In mid-June, the Resumption of Jury Trials Workgroup issued its 43-page report offering information and recommendations to state trial courts working to craft their plans for bringing jurors safely back to their courthouses. The Workgroup report was accompanied by a separate state Department of Health (DOH) report listing strategies to reduce risk of COVID-19 transmission in courts.

At the same time, the Supreme Court issued a new Order allowing courts to resume jury trials as of July 6, providing that courts observe "the most protective applicable public health guidance in their jurisdiction." The order gave presiding judges authority to make adjustments to court rules as needed to accommodate health protocols, and provided direction on specific steps involved in the jury process including summonsing, voir dire, virtual trial processes, and more.

MESSAGE FROM CHIEF JUSTICE STEVEN C. GONZÁLEZ

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