IN RE: RESPONSE TO the COVID-19 PANDEMIC––RESUMPTION OF JURY TRIALS (2021)

Supreme Court of Arkansas.2021-04-08

Summary · law.co

Holding. The court lifted the suspension of jury trials in Arkansas state courts effective May 1, 2021.

The Arkansas Supreme Court lifted its suspension of jury trials effective May 1, 2021, after determining that public health conditions had sufficiently improved. The court had previously suspended all jury trials in state courts beginning in November 2020 and extended that suspension multiple times through April 2021 to protect participants from COVID-19 infection. With declining infection rates and increasing vaccination rates, the court found that conditions supported resuming jury operations.

The court directed all state courts to continue following Arkansas Department of Health guidelines regarding face coverings and social distancing, and encouraged courts to implement additional protective measures as circumstances warranted. The court also clarified that delays to criminal trials attributable to pandemic-related precautions would be treated as good cause and excluded from speedy-trial calculation purposes under state criminal procedure rules.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Suspension and resumption of jury trials during pandemic emergency
Public health protection in judicial proceedings
Effect of pandemic delays on speedy-trial rights

Procedural posture

This was an administrative order issued by the Arkansas Supreme Court in response to the COVID-19 pandemic addressing statewide jury trial operations.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Despite the COVID-19 pandemic, the courts of the State of Arkansas have remained open and shall continue to remain open. However, on November 20, 2020, this court suspended until January 15, 2021, all jury trials in our state courts to protect the safety of jurors, litigants, attorneys, court personnel, and members of the public during the surge in COVID-19 infections and hospitalizations that was occurring at the time. See In re Response to the COVID-19 Pandemic, 2020 Ark. 384, 2020 WL 6817802 (per curiam). Subsequently, we extended the suspension of jury trials through February 28, 2021, and again through April 30, 2021, due to the continued spread of the disease. See In re Response to the COVID-19 Pandemic, 2021 Ark. 1, 2021 WL 37518 (per curiam); In re Response to the COVID-19 Pandemic, 2021 Ark. 30, 2021 WL 527785 (per curiam).

In our most recent order extending the suspension of jury trials through April 30, 2021, we noted the recent downward trend in COVID-19 infection rates and explained that, “if positive progress continues, jury trials may resume May 1, 2021.” In re Response to the COVID-19 Pandemic, 2021 Ark. 30, at 2. Indeed, according to public health officials, positive progress has continued as infection rates are down and vaccination rates are up. Therefore, we announce an end to the suspension of jury trials effective May 1, 2021.

All Arkansas state courts shall continue to follow the Arkansas Department of Healths guidelines concerning face coverings and social distancing. We also encourage all state courts to implement additional measures as necessary to protect the health of trial participants and attendees.

As it was announced by this court on March 17, 2020, and November 20, 2020, for criminal trials, any delay for speedy-trial purposes due to precautions against the COVID-19 pandemic shall presumptively constitute good cause under Arkansas Rule of Criminal Procedure 28.3(h) and shall constitute an excluded period for speedy-trial purposes. See In re Response to the COVID-19 Pandemic, 2020 Ark. 384, at 3; In re Response to the COVID-19 Pandemic, 2020 Ark. 116, at 3, 2020 WL 1271077 (per curiam).

This order is to be interpreted broadly for the protection of the public, including the employees of the Arkansas judicial branch, from the risks associated with COVID-19. This order applies statewide to all courts and court clerks’ offices except administrative courts of the executive branch, federal courts, and federal court clerks’ offices located in Arkansas.

It is so ORDERED.

PER CURIAM