New York

On February 28, 2022, Chief Judge Janet DiFiore noted that she was pleased about the reduced COVID-19 positivity rate and was excited to resume full-scale operations in all New York State courts with a full and normal schedule of jury trials and other in-person hearings and proceedings. As part of this return to normal operations, courthouses have reduced the physical distance in criminal jury trials from six feet to three feet, with plans to bring this change to the family and civil courts. Additionally, the Administrative Judge of each county was required to submit "detailed plans for operationalizing the reduced distancing guideline in all of our courthouses, including plans to safely summon and deploy more jurors and increase the percentage of scheduled in-court appearances, particularly for those types of matters best heard and adjudicated on an in-person basis." Although the surge in COVID-19 cases late last year resulted in many trials slowing down or coming to a standstill in many counties, the plan is to have those counties back up and running sometime in March or April.

As for New York City, Queens County Supreme Court expects to assign conference dates first and then trial dates by early fall. Kings County Supreme Court has been continuing with limited trials. However, all counties expect a rise in the number of cases going to trial as the positivity rate continues to decline. The Governor's recent pledge to return to normal procedures, along with recent updates regarding upcoming changes to the mask mandate, is also encouraging. As we know, most trial attorneys are excited to return to maskless operations again, as they did for a brief period during the summer of 2021 - until green entry passes for attorneys were suspended on August 13, 2021.

Currently, all visitors entering a courthouse or court-related facility in New York are required to wear a mask or face covering while inside. Additionally, all visitors are required to submit to temperature screening and questioning before being granted entrance. Visitors without a mask/face covering and those with a temperature of 100 degrees F or higher are not permitted to enter.

For more information, contact New York Trial Partner Alecia Walters-Hinds.

Illinois

In Cook County, Illinois' most populous county, the courts are operating on a hybrid model. Per Judge Evans' order, in-person jury and bench trials are preferred. The order states: "In pursuit of the best practices . court proceedings with all persons physically present shall be preferred, with the understanding that each impending court proceeding may be evaluated to determine whether it is appropriate for some or all participants to appear remotely." Furthermore, the Presiding Judge of a District or Division may establish guidelines for determining whether all proceedings - except jury trials - shall be held remotely, and may establish procedures for rescheduling cases by administrative order, as long as such guidelines and procedures are consistent with the order.

Outside of Cook County, courts are also operating on a hybrid model, but with many Illinois courts open for emergencies only. Additionally, the Illinois Supreme Court has issued extensions for deadlines in the appellate courts, including the Illinois Supreme Court.

Additional Resources

For more information, contact Chicago Managing Partner Danny Worker.

California

After restarting trials last year with social distancing and masks required, most trial courts in California - both federal and state - again shut down all jury trials in early January 2022, in response to the Omicron surge. Since then, however, in-person trials have resumed in federal courts and most counties across the Golden State. Los Angeles Trial Partner Dana A. Fox took part in a jury trial in Orange County earlier this year, during which all participants were masked (judge, jurors, lawyers, and witnesses), and the jurors were separated around the courtroom. Mr. Fox noted, this made "a clunky process even clunkier."

As a result of the return to normal operations, California courts are dealing with an enormous backlog of civil jury trials. Whether trials will, in fact, take place on their set date remains to be seen, and this will likely be the situation for the remainder of 2022, even without another surge or variant.

For more information, contact Los Angeles Trial Partner Dana A. Fox.

Florida

Currently, Florida courts are open for in-person jury trials, with few, if any, courts still imposing mask mandates (for example, Miami-Dade recently rescinded its mandate). During the pandemic, the Florida Supreme Court issued a series of administrative orders implementing temporary procedures for remote proceedings. The state's high court also created a workgroup charged with evaluating whether these temporary procedures have been effective, whether they should be implemented on a permanent basis, and how the Rules of General Practice and Judicial Administration should be revised to effectuate these changes. Last year, the workgroup submitted proposed changes to the Rules of General Practice and Judicial Administration. Subsequently, the court has received dozens of formal comments on the proposed rule changes. On February 8, 2022, the Florida Supreme Court held oral argument on the proposed changes and, overall, the court seemed very receptive to the changes. It should not take long for the court to decide whether and to what extent to adopt the proposed changes, and we expect it to issue an opinion formally adopting some changes soon.

For more information, contact Miami Managing Partner Todd Ehrenreich.

Texas

In the Lone Star State, decisions regarding courthouse operations have been left to the individual counties, resulting in many different approaches to handling trials. For example, Harris County (Houston) has conducted in-person trials throughout the pandemic. Dallas County, on the other hand, conducted far fewer trials but recently repealed its courthouse mask requirements. Additionally, throughout the pandemic, the Texas Supreme Court issued 47 emergency orders, and counties also issued local orders, resulting in a complex tapestry of orders affecting courts across the state at all levels. That said, generally, in-person jury trials are occurring in most counties, and parties have the right to object to remote trials.

For more information, contact Dallas Managing Partner Chris White.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.