State courts have mixed success wooing jurors back

Courts have moved many hearings to phone and Zoom. But there is one set of participants they are reluctant to let appear remotely: jurors.

A few virtual jury trials have taken place around the country. Yet most courts are more focused on how to move prospective jurors through their buildings safely. The preferred methods include smaller jury pools, greater social distancing, physical barriers and staggered juror times.

California courts appear to be having mixed success in getting jurors to come through the doors.

"We really haven't had many problems in getting jurors here," said Orange County Superior Court Presiding Judge Kirk H. Nakamura. "Most presiding judges I've talked with across the state have said that jurors have been very receptive to serving."

He added, "A lot of people aren't working, making it easier to serve. And I don't want to be too cynical, but maybe a lot of people don't want to be home."

But in San Diego County Superior Court, Presiding Judge Lorna A. Alksne said her court has been having trouble. An 800-person jury call from last week ended up producing only 41 potential jurors.

Some of this could have to do with timing. Orange County announced in late May it would resume jury trials. Jury trials in San Diego have only restarted this month, though the court began sending out juror notices last month.

Alksne said she's been working to get the word out in the community that jury trials are back on. She also tries to make the process transparent for jurors, from the health and temperature checks when they arrive to visual cues like washable sleeves over juror chairs that signal where they can sit.

On Oct. 9, Los Angeles County Superior Court Presiding Judge Kevin C. Brazile ordered that some civil jury trials begin. The order prioritizes unlawful detainer and family law cases, while most civil trials will be continued until January. The order also notes the court is trying to address a backlog of 7,000 criminal cases. Judges in the county have expressed concerns that as few as one in five jurors who receive notices have been showing in court.

One thing these large courts have going for them: a lot of courtrooms, including some big ones. Alksne invited San Diego County Public Health Director Dr. Wilma Wooten to help design two COVID-safe voir dire courtrooms. Wooten made detailed suggestions, she said, including raising the height of Plexiglas barriers.

Both courts also use video links to allow a judge to speak to jurors gathered in more than one room. Once a jury and alternates are chosen, that group can then move into a smaller courtroom.

Sacramento Superior Court Jury Commissioner Paul Thorn describes similar steps. The court brought back jury trials in mid-June. He said he was pleasantly surprised that the percentage of jurors who showed up dropped by less than 20%.

"It's running very smoothly, we've had few hiccups," Thorn said. "I would say it's been a little bit better the last couple of weeks."

He's taken steps to limit the number of people in the courthouse. For instance, making sure dismissed jurors leave quickly and capping the number who can come into the courthouse in a day at 110. Before COVID, he added, the court would often bring in 500 prospective jurors in a single morning.

Sacramento is also a big county, with resources and large jury pools. Thorn said he often speaks to jury commissioners in smaller counties, adding, "I think they've had a harder time."

One thing that has helped is a video on the Sacramento Court website that familiarizes people with the process before they show up, Thorn said.

In Los Angeles, Brazile has also recorded a website video telling people what to expect when they come to the courthouse. Safety procedures are laid out on a regularly-updated juror page. Among his latest warnings are that masks with valves are no longer allowed, in line with state and county health guidelines.

Alksne said that like most courts, San Diego is focused on seating jurors to take on a backlog of criminal trials. The court has plenty of judges, staff and courtrooms to restart civil jury trials, but so far lacks the jurors, she said.

She emphasized proper communication. She's taken to personally greeting the potential jurors each morning.

"It wasn't just the regular jury welcome," Alksne said. "It was heartfelt. I say, 'I need you.'"

She added, "No matter how many courtrooms I fill up with Plexiglas, I can't do a trial without jurors."

Another reason courts need to take precautions is to protect their own employees.

"A large number of my bench are over 65," Alksne said.

Nakamura said about 50 people who work in the Orange County court have been diagnosed with COVID since the pandemic began, including staff, deputy district attorneys and public defenders. The court does contact tracing following each diagnosis, he said, but so far it appears there has been no transmission through the courthouse.

These efforts also serve another purpose, Nakamura added: allowing jurors to feel safe coming into the courthouse. One big fear is a confirmed COVID transmission happening inside the building.

"That would be disastrous," Nakamura said.