An attempt at holding a virtual jury trial in Texas showed that a living room might be a bit more distracting than a courtroom.
Jury selection for an insurance case in Collin County, taking place Monday over video conference in what is believed to be the first virtual jury trial to be held in the United States amid the coronavirus pandemic, proceeded without a hitch until one juror held up the process by walking off-screen to take a phone call.
The judge set up three Zoom windows for the trial. One included all of the jurors awaiting questioning, another where attorneys could question the jurors, and a third that allowed the attorneys to speak privately.
At one point, the attorneys asked for a small break to converse in the private feed. When the attorneys returned, they saw that one of the jurors had walked off and could be heard talking on the phone. Attempts to get the juror’s attention failed because the juror’s headphones were connected to the computer, diminishing the audio into the room.
“Mr. Silva, if you can hear us, please return to your chair,” the judge asked, several times.
One of the judges listening in to the jury selection noted that the same problem can occur in the courtroom following breaks when jurors are late because they have taken a phone call in the hallway. “Usually, at this point, I’m sending the bailiff out to tap him on the shoulder,” he added.
The juror returned after concluding the phone call.
The hearing was for the jury selection of a summary jury trial. A summary jury only hears a condensed version of the arguments from both sides and delivers a nonbinding ruling, which is then used in mediation between the two parties. If the two parties cannot agree, the case will move before a full jury in a standard trial.
