12:09:09 From Tom Padgett : HI there! Is there some part of the plan that will get the jurors technology to participate? Or will just people who have access to the web and a computer will be our only venire? 12:09:31 From Judge Amy Clark Meachum : Yes. There is slide coming up on that very thing! 12:13:58 From Sara Saltmarsh : If more volunteer mediators are needed, the ADR Section can help, including the mediators who had been volunteering in the Courthouse Mediation Project, 12:14:05 From Judge Amy Clark Meachum : Making sure all of our residents have access to technology and wifi to participate as a juror in a trial. For the pilot program, the Office of Court Administration has offered to provide ipads and wifi for any member of the venire panel who doesn't have it. Of course, this is an ongoing issue IF we have more than one jury trial each week. But that is one of things we are piloting. Can we do this in a way that gives parties access to a jury of their peers? 12:14:32 From Michelle Cheng : Will the jurors be in their homes? 12:14:32 From Judge Lora J. Livingston : Thanks Sara! 12:14:56 From Todd Smith : That’s great, Sara! Thank you! 12:14:58 From Judge Lora J. Livingston : That 12:15:16 From Shloka Raghavan : Is the technology provided going to be restricted in some way to ensure the jurors are not doing outside research or other web surfing during the trial? 12:15:20 From Tom Padgett : How will the OCA identify jurors that have technology issues? 12:15:20 From Judge Lora J. Livingston : Juror in the home, yes. 12:15:21 From Kennon Wooten : Yes. Thanks very much, Sara! 12:15:39 From Judge Lora J. Livingston : I'm still in!!! 12:15:47 From Judge Amy Clark Meachum : Michelle, I think they could be in their homes. But we are open to any thoughts and ideas from the Bar and the clerk's office about that. 12:16:02 From Tom Padgett : Will the court permit questionnaires? 12:16:24 From Nadia Bettac : How do you evaluate that a juror is not just saying they don’t have internet access or a computer just to get out of jury duty? 12:16:25 From VELVA PRICE : Questions about the jurors access to technology will be sent ahead prior to the jury trial. 12:16:26 From Todd Smith : David Slayton has said the jurors in Judge Emily Miskel’s SJT were very engaged and took it very seriously. 12:16:29 From Judge Lora J. Livingston : I would encourage questionnaires. It will likely save time. 12:16:31 From Tom Padgett : How will the public be educated about this so that they respond to the summons? 12:16:42 From Len Gabbay : What is the anticipated Jury Selection process (time wise) for these 1-2 day binding trials? 12:16:51 From BJ B : Will there be and how will voir dire be handled? 12:17:05 From Andrew Gardner : Has there been consideration to handling objections? interjecting can be difficult or impossible via zoom. 12:17:22 From Judge Guerra Gamble : I am expecting that a more robust jury questionnaire will be a part of the voir dire process. 12:17:40 From VELVA PRICE : The summons clearly states that the jury trial is remote and they do not have to appear in person. 12:17:42 From Tom Padgett : How will juror deliberations be secure? 12:17:59 From Allan Cook : I planned to retire at the end of March, but decided to keep working as long as we on quarantine. You have an informal settlement conference tomorrow? 12:18:23 From Judge Lora J. Livingston : Objections are being dealt with in our current remote hearings in typical fashion. Working ok right now. 12:18:51 From Judge Karin Crump : Thank you, Sara! Yes, we need mediators. Thank you! 12:19:59 From deborah hensley : I think a jury questionnaire would be a very good idea. would parties be able to agree to one jointly? 12:20:07 From Judge Karin Crump : Jurors will likely have their own secure Zoom link, monitored by one court staff member, for deliberations 12:20:43 From Tiffany Crouch Bartlett : If this pilot goes well, will we be able to discuss the possibility of longer jury trials, like for Cps termination trials? 12:22:06 From Elizabeth Larrick : Will Rules of Evidence apply to SJT presentations? 12:22:46 From Judy Kostura : If we have a regular trial setting in the fall, such as October or November, is there still a sense that the trial setting is not that likely to go due to the need to provide CPS dockets a timely jury trial? And that we should reset it if we want to hold out for the option of an in-person setting? 12:22:53 From SLB : Have the Travis County Courts already updated local rules based on these virtual hearings and if not, are there any plans to do so? Thank you, Your Honors. 12:23:17 From Michelle Cheng : Are witnesses allowed for the SJT option? 12:23:18 From Nick Reed : Not a question, but a suggestion to my peers … With the live YouTube streaming hearings and trials daily, it’s really comforting and helpful to watch those passively to get a sense of procedure. Judge Sulak had a bench trial this week that was very effective and without much modification (didn’t include jurors…but still, pretty great.) I’ve seen more court room activity in the past few weeks/months than I had cumulatively before. It’s been a silver lining of this pandemic. 12:23:28 From deborah hensley : for witness testimony on a summary jury trial, will direct and cross be limited? in time? 12:23:35 From Judge Lora J. Livingston : "Updates" to local procedures are spelled out in our emergency orders. 12:23:48 From Katy Andre : How is it decided which cases that apply for either option will get the chance? 12:24:15 From Judge Lora J. Livingston : Summary trial will necessarily involve shorter everything! 12:24:52 From Bill Rossick : Are there any measures that have been solidified for determining whether the pilot program is a success or at what point we adjust the approach? 12:24:52 From Tom Padgett : What does that language look like on the summons? 12:25:00 From Tiffany Crouch Bartlett : Will we be able to get more dates after September 14th for the pilot program? 12:25:08 From Tom Padgett : When is the summons going to go out? Or have they already gone out? 12:25:12 From Judge Lora J. Livingston : We hope to have the problem of "which case" goes. Right now we have no takers. Would you like to be first?? 12:25:43 From Katy Andre : Maybe, Judge!!! 12:25:58 From deborah hensley : will County Court cases have this option as well? 12:26:40 From Judge Lora J. Livingston : We will certainly evaluate the "success" of the pilot. All aspects of the process will be considered. 12:26:57 From Judge Lora J. Livingston : County Courts are also willing to host a pilot case. 12:27:11 From Karen Wang : Could you consider drafting affirmative statements for attorneys to sign and file regarding conduct during the trial, such as not communicating with their client (by text, etc) while the client is actually testifying? 12:27:15 From Michelle Cheng : How will voir dire work for these? 12:28:17 From Judge Lora J. Livingston : Those "affirmative statements" you mention are already contained in our local "remote hearing" procedures. Any more or new rules may be suggested at the pre-trial hearing for the pilot case. 12:28:19 From Tom Padgett : What will be the size of the venire if we are trying to get 6 jurors? Will there still be challenges for cause? How will those be handled? 12:28:39 From Nikki Maples : Will the jurors be required to appear by video, rather than simply just have their name on the screen? 12:28:48 From deborah hensley : they said earlier that their will be 6 jurors and 3 strikes a side. 12:29:01 From Judge Lora J. Livingston : Once a case is chosen, a pre-trial conf. will work out specific issues/procedures. 12:29:21 From Nadia Bettac : Having done several depositions via zoom, Karen brings up a good point about coaching. 12:29:32 From Judge Lora J. Livingston : We are very likely to require that all jurors be visible. 12:31:09 From Judy Kostura : Are you requiring that those who want a SJT -- with a immediate mediation afterwards -- to have already fulfilled their requirement to have mediated prior to "trial"? 12:31:24 From Cindy Veidt : are you still trying to follow the existing jury and non-jury week schedules? 12:31:38 From Judge Lora J. Livingston : No prior mediation required. 12:32:06 From Judge Lora J. Livingston : Not for the pilot Cindy V. 12:32:12 From Judy Kostura : Thanks, Judge Livingston. 12:32:45 From Judge Amy Clark Meachum : As to voir dire, the SJT has some specific rules. But I think the best idea I have heard (so far) is to bring people in smaller groups, on group at a time. And there will be a questionnaire and additional information for the panelists on the front end. We will have to be creative. I think we would be collaborating with the lawyers on the front end with an involved pre-trial over a couple of weeks. We are very open to ideas on this. 12:33:44 From Laura Sharp : my touchpad has taken a vacation. I can't scroll to see if this has been asked, but can the powerpoint be emailed to us? 12:34:05 From Michelle Cheng : Judge Meacham, do you mean bring people in smaller groups in person? 12:34:35 From Judge Karin Crump : Yes, Laura, I will forward the PowerPoint to the bar to distribute following the CLE 12:35:11 From Rachel : Thanks for the Powerpoint. 12:35:50 From Judge Karin Crump : We have requested 55 jurors for each of the pilot dates 12:37:17 From Judge Karin Crump : You can request 6 (3 preemptory challenges per side) or 12 jurors (6 preemptory challenges per side) for the binding trial. 6 jurors for the SJTs 12:38:06 From Elizabeth Larrick : Will Jurors be excused for COVID19 related reasons - like symptoms? positive test? or if they are taking care of others with COVID19? 12:38:21 From Nadia Bettac : I am assuming that this pilot would not be good for a case that requires an interpreter. 12:38:39 From Laura Sharp : how are they going to do new judge school? This is important to me if we get to 2021 without in person hearings/trials. 12:38:43 From Justin Demerath : Initial rapport is so important. Is there any large or outdoor space that the County has identified as possibly available that could be used for a hybrid trial, perhaps voir dire and deliberations in person and socially distanced and the remainder via zoom? 12:38:54 From Judge Karin Crump : And, yes, there will still be challenges for cause 12:38:55 From Bethbiriah Sanchez : What about utilizing event spaces that aren’t being used: Erwin Center, Palmer Events Center etc for voir dire. Set up many air purifiers and sit people far apart, or even set up clear plastic cubicles for everyone’s safety. Once the panel is selected, those 6/12 are given an ipad and portable wifi (if needed) and then they can watch the trial from home. 12:39:08 From Len Gabbay : LOL, so no panel members under 30?! 12:39:55 From Judge Karin Crump : Yes, jurors may still request excuses for illness 12:40:50 From Cindy Veidt : Hey, now! Some of us Gen X grew up with computer tech too 12:41:42 From Len Gabbay : What do you all anticipate the time for each side to voir dire a panel of 55 remotely in a 1-2 day Binding Trial? 12:41:51 From Tom Padgett : What data? What study about the participation? 12:42:21 From Judge Lora J. Livingston : OCA--ABOTA sponsored research. 12:42:39 From deborah hensley : they said 1 hour earlier for each side. 12:42:45 From Tom Padgett : Thank you Judge. is there a link? 12:42:48 From Judge Lora J. Livingston : Details of time limits may be worked out in pre-trial conf. 12:43:00 From Joel Pace : I'm curious - is there any discussion about continuing these remote trials and SJT after the pandemic is over? It would seem that these procedures would be helpful additions to the justice system to keep costs down and make dispute resolution more accessible. 12:44:10 From Judge Lora J. Livingston : Yes Joel. All options are on the table. 12:44:47 From Judge Lora J. Livingston : Check OCA website. Sorry-don't a link handy. 12:44:48 From Tom Padgett : Will jurors be permitted to take notes? If so, how will they be monitored? 12:45:02 From Tom Padgett : No worries! Thanks you Judge Livingston! 12:45:11 From Sally Metcalfe : Along those lines, will jurors be permitted to ask questions? 12:45:40 From Bill Rossick : One challenge is that while the camera will be on the witness, the jurors may not be able to see the reaction of the parties to the evidence which i think is a key part of a juror’s evaluation of the evidence. Is there a possibility for the jurors to have multiple views of the “courtroom” simultaneously? 12:46:20 From Judge Karin Crump : Sally, yes, during jury selection jurors may ask questions. During trial, it would be up to the parties and/or judge if jurors may ask questions 12:47:19 From Glorieni Azeredo : Will the jury selection also be livestreamed onto YouTube? 12:47:29 From David L. Wiley, Dallas : I am glad courts are exploring options to keep cases moving. But personally, I hope this never becomes mandatory. I understand it is currently not. Is there any push — by the courts or of which the courts here are aware — to make it mandatory? 12:47:46 From Jack Sigman - Gerstle and Snelson : May have missed this earlier, the project will be open to those who'd like to see one in practice? Some clients may not want to be the first in line. 12:47:48 From Elizabeth Larrick : http://www.ncsc-jurystudies.org/jur-e-bulletin-and-more/covid-resources 12:48:26 From Judge Lora J. Livingston : Yes Jack. We would love to know what you think when it's over. 12:50:20 From Elizabeth Larrick : Current trial held in FL - you can see the virtual jury selection. https://www.youtube.com/channel/UCFnhOGgotQtzATyt0Iv5GzQ/videos 12:50:35 From Eugene Clayborn : What modifications, if any, are you considering making in the plans for the new courts that relate to convid concerns that restrict access to an use of the current courts facilities? 12:50:38 From deborah hensley : Can yall post this recording, in case some people are missing today, I think its important that people see this talk. 12:51:06 From Austin Bar : Deborah - yes, we are recording the program today. 12:51:19 From Cindy Veidt : Thanks for the links, Elizabeth 12:52:09 From Karen Wang : good points I hadn’t considered before re: jurors wearing masks, etc.! 12:53:05 From Judge Karin Crump : Thank you for sharing that link, Elizabeth! 12:53:37 From deborah hensley : It would be very difficult to judge a jurors veracity if they have a mask on, and to judge their reactions to questions. 12:54:17 From Judge Karin Crump : There is no current plan to make remote trials mandatory, but it is authorized by the Texas Supreme Court, should a judge determine that it is necessary given the circumstances of the case 12:55:38 From Tom Padgett : Will lawyers be able to confer with their clients during testimony being presented by the other side? 12:55:55 From Elizabeth Larrick : Will cell phones be allowed for jurors to appear? It will be very difficult for those cell phone jurors to see exhibits, or watch more than just the speaker. 12:56:33 From Judge Karin Crump : Jurors will need computers. OCA is assisting us by ensuring that all jurors have the technology required to see exhibits 12:58:14 From MICHELLE LINGO : Google has or will be launching a new platform that takes the “best” features of Hangouts, Zoom, and other platforms. I suspect that the Google product might become the most commonly used “got to” platform in the future. 12:58:36 From Judge Lora J. Livingston : Breakout rooms are available. More frequent breaks may be required, but constant chatting will be discouraged-at least in my cases. 12:59:08 From Nadia Bettac : will the attorney and their client have to use two separate computers? I have seen attorneys who still bring their clients to their office for virtual depositions. Along those lines will all attorneys and their clients have to be on video? 12:59:41 From Kristen Rosado : Thank you!!! 12:59:43 From Judge Lora J. Livingston : Details may be worked out at pre-trial conf. 12:59:49 From Jack Sigman - Gerstle and Snelson : Thanks so much. 12:59:57 From Elizabeth Larrick : Thank you! 13:00:02 From Kara O'Shaughnessy : Thank you 13:00:02 From Erin Shanley : Thank you, Judges and all! 13:00:04 From Rachel : Wow interesting! 13:00:04 From Leigh Mathews Rodriguez : This has been great. Thanks! 13:00:29 From Kim Kleinhans : I emailed opposing counsel on two separate cases, hoping to get agreement. Keith and I would love to be a part of the pilot process. It is very exciting to hear plans to re-start jury trials. Thank you! 13:01:05 From MaitreyaTomlinson : Thanks, everyone! 13:01:26 From Arturo Aviles : Thanks for the presentation. Great to SEE you all. Stay healthy and safe! 13:01:49 From Richard Segura : I am interested in how much of the witness' body will be seen by the jurors. I wonder in terms of demeanor if it makes a difference looking at only a headshot versus looking at the person from a wider view point. 13:01:51 From Ketan Kharod : thanks to the judges and the Austin Bar folks for putting together this presentation. and to everyone for trying to make this work for everybody. 13:02:04 From Eugene Clayborn : Great presentation! 13:02:06 From Leslie Dippel : thank you to all the judges for putting on this cle, it has been so informative. we appreciate so much for your willingness to be leaders in this field! 13:02:08 From Sarah Anderson : I love Judge Sulak's historical analogies, and thanks to everyone involved in figuring this out! 13:02:38 From Austin Bar : Course #: 174091953 13:02:51 From Rachel : Can we get a link to this recording? I'd love to see if one of ours could go. It would speed things up considerably. 13:03:13 From Austin Bar : Rachel - we are recording, and I should have the video up on the Austin Bar website later today. 13:03:24 From Ketan Kharod : can we all please request an in-person special setting with Judge Sulak before the end of the year? I promise to wear a mask. ❤️ 13:03:43 From Rachel : Thanks!! and thanks to all our hard working judges. 13:04:11 From Rachel : Yes too sad there!