End jury service now

Our state courts are needlessly endangering lives and risking spreading the coronavirus by continuing to require prospective jurors to report for jury duty. Postponing criminal trials means that some criminal defendants will be in custody for a longer period of time and for some it could compromise a speedy trial. That should be of enormous concern, but the alternative of making prospective jurors come to court, which for many involve trips on public transportation, is worse for the health of all involved and for all of us.

In San Diego County, the court has said that most jurors are expected to report as usual and thus far only civil cases have been delayed. According to an update posted on the court's website on Friday, March 13, only jurors who are feeling ill with symptoms associated with coronavirus or have traveled to countries with the worst outbreaks should reschedule their jury service. But people may have and spread the virus before they feel ill and even if they never have been to countries associated with the coronavirus.

Orange County announced on Friday that it was suspending civil trials until May 1and it would "reduce the numbers of summoned jurors in criminal trials and will stagger the times the jurors are ordered to appear." But criminal cases are continuing and people summoned for jury service still have to report.

On Thursday, the Los Angeles Superior Court Presiding Judge Kevin Brazile recommended that new civil trials and some criminal trials be pushed back 30 days. It is left to each judge to decide whether to implement this. Those summoned for jury duty are required to report.

Unfortunately, none of this is enough. At a time when the best public health advice is for social distancing and avoiding large groups, the government should not be requiring people to endanger their health and potentially contribute to the spread of the coronavirus by reporting for jury service that inherently involves close contact with others.

The better approach is that taken by the federal court in Los Angeles. On Friday, Chief Judge Virginia Phillips issued an order declaring: "Effective immediately, the Court will not call in jurors for service in civil or criminal jury trials until April 13, 2020 or otherwise ordered by the Court. All civil and criminal jury trials in the Central District of California scheduled to begin during this time period are continued pending further order of the Court." This protects the prospective jurors and all of those who are part of court proceedings: court staff, lawyers, witnesses, and judges.

Several other courts around the country have taken similar actions. It is not without costs. Criminal defendants are entitled to a speedy trial and delaying the trial could mean longer times in custody.

My hope would be that this action would be accompanied by reducing pretrial detentions where possible. People accused of violent crimes who are likely to pose a threat should not be released. But there are many others who are held who can be released pending trial without endangering society.

Delaying trials, though a burden on criminal defendants, is simply necessary to reduce the risk of spreading the coronavirus. Judge Phillips, in suspending jury trials in criminal cases for the next month, specifically said: "The time period of any continuance entered as a result of this order shall be excluded under the Speedy Trial Act, as the Court finds that the ends of justice served by taking that action outweigh the interests of the parties and the public in a speedy trial."

I am a staunch civil libertarian and have represented a number of criminal defendants on appeal. But in this instance, public health must be the highest priority of the courts and for all of us.

I realize that the courts cannot be completely closed. Judges will continue to need to issue search warrants. Criminal defendants will need to be arraigned. There are sometimes urgent civil matters, such as the need for a temporary restraining order in a domestic violence situation. Perhaps courts will be able to do more this with technology, like universities, such as mine, have shifted to using distance learning for all classes.

Part of what makes this unsettling is that no one knows when we will be able to return to normal. But the civic duty of jury service should not put people and their loved ones in potential danger or contribute to the spread of a communicable disease. 