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Virtual Jury Trials Are Here to Stay . . . for Now

By D. Todd Smith on August 19, 2021
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For a while, we seemed headed toward resuming in-person jury trials here in Travis County. A few live trials took place under the civil district judges’ pilot program, including a two-week proceeding before Judge Amy Clark Meachum that resulted in a record-setting plaintiff’s verdict.

With the rise and persistence of the Delta variant, the Travis County district judges have paused the in-person pilot program. Based on what I’ve heard from the judges and staff, in-person jury trials will not likely resume until next year.

The district judges wisely continued full speed ahead with virtual jury trials when launching the in-person pilot project. The way things are going, virtual proceedings seem like the only hope for cutting into what is now an 18-month backlog.

Roadmaps for Virtual Jury Trials

Although some lawyers remain skeptical about virtual jury trials, Travis County has been a national leader in establishing workable remote protocols. Prospective jurors are issued an iPad that provides access to Zoom for video and Box for exhibits. Judge Karin Crump covered the details when she appeared on the Texas Appellate Law Podcast, which I co-host with Fort Worth appellate lawyer Jody Sanders.

Judge Crump and the Austin Bar Association have done a great job educating lawyers on how the process works and helping them get more comfortable with it. Another vocal proponent is 394th District Court Judge Roy Ferguson, from far West Texas (yes, the “Lawyer Cat” judge), who shared his early experience with virtual juries in another podcast episode.

For cases that that just can’t wait until 2022 (or later) for in-person proceedings, a virtual jury trial is an option worth considering.

Key Tips

With Judge Crump’s permission, I created these short video excerpts with her tips for putting your best foot forward in a virtual jury trial and preparing a witness to testify over Zoom. If you’re a lawyer who appears in Zoom court, I think you’ll find them worth your time.

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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