Federal Courts Restrict Jury Trials to Slow the Spread of COVID-19

In an effort to stem the spread of COVID-19, New Jersey’s federal courts are imposing a moratorium on jury trials.

Effective Monday, all criminal and civil trials scheduled to begin before April 30 are continued. But deadlines set under federal or local rules or by court orders remain in effect, unless modified by the judge assigned to the case, according to the order signed by Chief Judge Freda Wolfson. Judges may be flexible and accommodating to requests for adjustments in filing or scheduling that are necessitated by travel considerations, health or safety concerns, or directives from public officials, the court said.

The move in New Jersey comes as court systems across the nation grapple with the virus, also known as the novel coronavirus. In New York, the U.S. Court of Appeals for the Second Circuit has said “regular argued appeals and motions calendars will be heard as scheduled.” Lawyers or pro se litigators are obligated to notify the court if they have traveled to any of the countries hardest hit within the past 14 days, been diagnosed with COVID-19 or had contact with a person who has the disease, or are in a heightened risk group. Similar orders were issued in the district courts and the state courts.

Even the U.S. Supreme Court on Monday took the drastic step of postponing oral arguments. It’s rare for the high court to cancel arguments, but those scheduled for March 23-25 and March 30-April 1 have been pushed back.

The high court said the decision is not unprecedented. The justices did not hold arguments for October 1918 because of the Spanish flu epidemic. And the court shortened its argument calendars in August 1793 and August 1798 in response to yellow fever outbreaks.

Back in New Jersey, the District Court order said criminal defendants or prosecutors, or litigants in a civil trial, may seek relief from provisions of the order from the judge assigned to their case. But any request for convening a jury trial during the period covered by the order is to be decided by the chief judge, the order states.

In addition, the period from March 16 to April 30 shall be “excluded time” under the Speedy Trial Act, as the court finds the interests served by taking such an action outweigh the interests in providing a speedy trial.

Judges are free to conduct hearings, conferences, sentencings, change-of-plea hearings, and bench trials as they see fit. Judges are encouraged to conduct proceedings by telephone or videoconferencing and to take measures to avoid out-of-town travel of any litigant, witness or attorney. Neutrals in alternative dispute resolution proceedings are authorized to permit participation by video or teleconference.

Sitting grand juries are authorized to continue to meet, but no new grand juries are to be empaneled between March 16 and April 30. If no grand jury is available, the 30-day time period for filing an indictment shall be tolled, the order said.