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When Will Jury Trials Resume in Texas?

By D. Todd Smith on June 10, 2020
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I’ve heard this question asked repeatedly: When will jury trials resume here in Texas?

Several counties have issued emergency orders addressing the issue. For example, Travis County’s Second Amended Emergency Order Regarding COVID-19 postpones all jury trials scheduled before August 17, 2020. In a recent Austin Bar webinar covering this order, the judges’ message was that jury trials just aren’t on the table right now and that parties should be looking to 2021 for jury settings.

Last week’s Seventeenth Emergency Order Regarding the COVID-19 State of Disaster from the Texas Supreme Court addresses jury trials on a statewide basis. The order freezes jury trials until at least August 1, 2020, except as specifically authorized.

The Supreme Court’s order provides some hope in its exceptions, which require the Office of Court Administration to assist trial courts in conducting a limited number of jury trials before August 1. When that period ends, OCA will submit a report to the Supreme Court outlining its observations and making recommendations regarding future jury proceedings.

Several other groups—including the newly-created Austin Bar Association Jury Trial Task Force—are considering how jury trials may resume safely. Those groups are expected to work closely with OCA and the judges to help bring jury trials back with some necessary procedural adjustments.

In the meantime, jury trials are on hold and will remain so for a while. As OCA Administrative Director David Slayton says, jurors need to feel safe, and we don’t have any choice but to get this right.

To hear me discuss this issue further, check out the video embedded below.

Photo of D. Todd Smith D. Todd Smith

D. Todd Smith practices in the Appellate and Written Advocacy Group at Butler Snow LLP, where he represents clients in all phases of civil appeals and original proceedings and works with trial teams from the earliest stages of litigation. In trial courts, Todd…

D. Todd Smith practices in the Appellate and Written Advocacy Group at Butler Snow LLP, where he represents clients in all phases of civil appeals and original proceedings and works with trial teams from the earliest stages of litigation. In trial courts, Todd takes the lead on strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.

Todd earned degrees from Texas Christian University (B.S. 1989), Texas Tech University (M.P.A. 1992), and St. Mary’s University School of Law (J.D. 1995). While in law school, he was editor in chief of the St. Mary’s Law Journal and interned with Fifth Circuit Judge Emilio M. Garza (ret.).

Before joining Butler Snow, Todd served as a briefing attorney to Texas Supreme Court Justice Raul A. Gonzalez (ret.) (1995-1997), practiced with Fulbright & Jaworski L.L.P. (now Norton Rose Fulbright US LLP) (1997-2006), and ran his own civil appellate boutique (2006-2021). He is certified as a specialist in Civil Appellate Law by the Texas Board of Legal Specialization and regularly appears on Thomson Reuters’ Texas Super Lawyers list.

Todd frequently writes and speaks on appellate-related topics. In addition to publishing Texas Appellate Strategy, he is the creator, producer, and co-host of the Texas Appellate Law Podcast, a weekly show that demystifies appellate law and pulls back the curtain on the appellate system through conversations with judges, court staff, and practitioners.

Todd sits on the State Bar Board of Directors, is immediate past chair of the Austin Bar Foundation, and is a past-president of the Austin Bar Association. As Austin Bar president (2019-2020), Todd spearheaded creation of the Lawyer Well-Being Committee, which aims to educate, support and connect the Austin legal community to achieve more balanced, mindful, and joyful lives and practices. He also serves on the Judicial Committee on Information Technology, is a trustee of the Texas Supreme Court Historical Society, and is a member of the Robert W. Calvert American Inn of Court.

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  • Posted in:
    Appellate
  • Blog:
    Texas Appellate Strategy
  • Organization:
    Butler Snow LLP

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