Published on: Monday, November 2, 2020

The United States District Court for the Western District of Pennsylvania has ordered a halt to nearly all jury trials until February, saying the pandemic's recent push to new peaks is preventing courts from acquiring a "full, unhindered, continuously serving jury" and cutting defense lawyers off from their jailed clients (article available here). Citing the "materially negative direction" of the coronavirus pandemic in recent weeks, Western District of Pennsylvania Chief Judge said the district will suspend jury trials until Feb. 8, 2021.

The unavailability of health care workers, high-risk citizens, those who rely on now-limited public transit, "and those who will face substantial childcare challenges arising from the renewed closure of schools … creates a serious impact" on jury selection, the court said. The situation would demand "ever-larger jury venire pools for potential service and potentially diminish ... the representative nature of the pool of summoned jurors."

The court noted criminal defense lawyers are experiencing huge challenges in being able to communicate with their clients behind bars, a necessity for a fair defense. Some prisons and jails have "materially limited or as to certain detained individuals prohibited direct physical visitation and interaction of counsel."