Federal jury trials put off over covid-19

Eastern District judge cites ‘winter surge’ for postponement until after March 23

LITTLE ROCK -- Because of the increasing severity of the covid-19 pandemic, jury trials in the U.S. District Court for the Eastern District of Arkansas will be postponed until after March 23, according to an administrative order issued Thursday by Chief Judge D. Price Marshall Jr.

"All civil and criminal jury trials scheduled between now and 23 March 2021 are continued to a later date to be set by the presiding judge," Marshall wrote in Administrative Order Ten.

But if the presiding judge finds that extraordinary circumstances exist, the trial may be reinstated, wrote Marshall.

"Citizens' inability and reluctance to serve on juries creates the possibility that our juries will not reflect a fair cross section of the Eastern District," wrote Marshall. "And the current trends in the virus numbers indicate the substantial risk involved in holding jury trials."

The ends of justice in this situation outweigh the public's and defendants' interests in speedy criminal trials, wrote Marshall.

Unless the court directs otherwise, only one grand jury will meet in February and one in March, according to Marshall's order.

"The winter surge is here," he wrote. "It requires not only increased vigilance but also an essentials-only drill for court operations during the coming months."

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