In Re Response to the Covid-19 Pandemic––resumption of Jury Trials

2021 Ark. 72

• Court: Supreme Court of Arkansas
• Decided: April 8, 2021
• Status: Published

Opinion

Cite as 2021 Ark. 72 SUPREME COURT OF ARKANSAS Opinion Delivered: April 8, 2021 IN RE RESPONSE TO THE COVID-19 PANDEMIC––RESUMPTION OF JURY TRIALS

PER CURIAM

Despite the COVID-19 pandemic, the courts of the State of Arkansas have remained

open and shall continue to remain open. However, on November 20, 2020, this court

suspended until January 15, 2021, all jury trials in our state courts to protect the safety of

jurors, litigants, attorneys, court personnel, and members of the public during the surge in

COVID-19 infections and hospitalizations that was occurring at the time. See In re Response

to the COVID-19 Pandemic, 2020 Ark. 384 (per curiam). Subsequently, we extended the

suspension of jury trials through February 28, 2021, and again through April 30, 2021, due

to the continued spread of the disease. See In re Response to the COVID-19 Pandemic, 2021

Ark. 1 (per curiam); In re Response to the COVID-19 Pandemic, 2021 Ark. 30 (per curiam).

In our most recent order extending the suspension of jury trials through April 30,

2021, we noted the recent downward trend in COVID-19 infection rates and explained that,

“if positive progress continues, jury trials may resume May 1, 2021.” In re Response to the

COVID-19 Pandemic, 2021 Ark. 30, at 2. Indeed, according to public health officials, positive progress has continued as infection rates are down and vaccination rates are up. Therefore,

we announce an end to the suspension of jury trials effective May 1, 2021.

All Arkansas state courts shall continue to follow the Arkansas Department of

Health’s guidelines concerning face coverings and social distancing. We also encourage all

state courts to implement additional measures as necessary to protect the health of trial

participants and attendees.

As it was announced by this court on March 17, 2020, and November 20, 2020, for

criminal trials, any delay for speedy-trial purposes due to precautions against the COVID-19

pandemic shall presumptively constitute good cause under Arkansas Rule of Criminal

Procedure 28.3(h) and shall constitute an excluded period for speedy-trial purposes. See In re

Response to the COVID-19 Pandemic, 2020 Ark. 384, at 3; In re Response to the COVID-19

Pandemic, 2020 Ark. 116, at 3 (per curiam).

This order is to be interpreted broadly for the protection of the public, including the

employees of the Arkansas judicial branch, from the risks associated with COVID-19. This

order applies statewide to all courts and court clerks’ offices except administrative courts of

the executive branch, federal courts, and federal court clerks’ offices located in Arkansas.

It is so ORDERED.