Jury Service in the Age of COVID

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On Monday, September 28, Harris County District Clerk Marilyn Burgess reminded residents that limited jury service is set to resume in Harris County and that they are still required to respond to the jury summons. The press release was no doubt prompted by the September 18 order from the Supreme Court of Texas postponing the start of in-person jury proceedings in justice and municipal courts until December 1. Burgess emphasized that although jury service was suspended for the Houston Municipal Courts, Harris County District and County Courts are set to move ahead, especially in light of the over 90 requests for jury panels in the month of October alone.

Because the facilities at Jury Assembly are still under construction after being damaged by Hurricane Harvey and because the temporary facilities in the Harris County Administration Building were too cramped to adequately allow for social distancing and proper safety measures, the County has made arrangements to hold jury selection at NRG Arena. In anticipation of the resumption of jury service, the District Courts of Harris County and the Harris County District Clerk have recently revised their websites to offer prospective jurors more information about jury service, especially in the age of COVID-19, stressing not only the importance of juries in our democratic society but also the efforts being made to ensure a safe environment for jurors, attorneys, judges, and litigants. On their website, the Harris County District Courts outline the safety protocols that have been implemented at NRG Arena as well as the downtown courthouses. There are detailed instructions explaining what jurors should expect upon their arrival at NRG and upon entering three key areas: the arena itself, the jury seating room, and the voir dire room. For those selected to serve on a jury, there are descriptions of the safety measures and protocols that they will encounter upon entering the downtown courthouse and their assigned location. In addition to safety measures, the District Court website has specific information depending upon whether you are a juror, a lawyer, or a self-represented litigant. Jurors can find general juror information, such as qualifications and exemptions, and information about what to do, what to bring, and what to wear. Lawyers can find answers to questions about safety, pretrial matters, jury call/voir dire, and trial and courtroom questions. Individuals representing themselves have access to self-represented litigant guides, legal aid organizations, and answers to some frequently asked questions regarding face coverings and Zoom hearings. It is also recommended that self-represented litigants view the information for lawyers.

Jury service in Harris County requires pre-registration. People receiving a jury summons are directed to visit the website of the Harris County District Clerk to begin the process and to receive their juror assignments. To address concerns that prospective jurors may have about serving on a jury in the age of COVID-19, the District Clerk’s Office has prepared a video about jury service at NRG, found under the COVID Precautions tab, explaining what jurors can expect at NRG and the safety protocols that have been implemented. Answers to questions about jury service, in general, including eligibility requirements and statutory exemptions, can be found on the About Jury page. Additional information about jury service, such as what jurors should wear and bring and what they should do in the event of an emergency that prevents them from being able to appear for service, is available on the District Clerk’s website under the Getting Prepared tab. Lastly, the District Clerk has gathered a number of downloadable educational resources that can be used by prospective jurors, teachers, and corporate partners to more fully understand the jury process and to recognize the value of jury service to our community.

Vote By Mail in Texas - News Roundup

Image by mohamed Hassan from Pixabay

Quite a bit has happened since the last time we reported on the vote-by-mail issue that has been pending here in Texas. The issue is still winding its way through the court system, both at the state and federal levels. In case you’ve missed it, here are some of the latest developments that have occurred.

Harris County Will Send Mail-In Ballot Applications to All Harris County Residents

On August 25, the Harris County Clerk’s office announced that it will send an application for a mail-in ballot for the upcoming general election to every registered voter in the county. Keep in mind, though, that here in Texas, to cast a ballot by mail, a voter must satisfy one of the following conditions: be away from their county of residence on Election Day and the period designated for early voting; be sick or disabled; be 65 years of age or older on Election Day, or be incarcerated but otherwise eligible to vote. (These requirements are at the heart of the litigation surrounding this issue.) Harris County Clerk Chris Hollins defended his initiative, arguing that for those eligible to vote by mail, the absentee ballot method was the safest. He also asserted that his proposal had the potential of increasing the safety of those who must vote in person by decreasing the number of people physically going to the polls, thereby reducing the possibility of long lines and overcrowded polling locations.

Texas AG Says Not So Fast on Those Applications, Harris County

On August 31, the State of Texas, through Texas Attorney General Ken Paxton, filed a petition in the Harris County District Court, seeking to enjoin the Harris County Clerk from sending mail-in ballot applications to every registered voter in Harris County. The petition alleged the County Clerk lacked the authority to execute his plan and that the proposal to send out unsolicited applications to all will result in confusion as to who is ultimately eligible to vote by mail. Harris County Republicans joined the litigation by filing a petition for a writ of mandamus requesting a halt to the clerk’s plans.

Harris County Clerk Hits Pause on Mail-In Ballot Application Initiative

As a result of the pending litigation, Harris County Clerk Chris Hollins, on September 1, indicated that he was going to hold off on his plan to send vote-by-mail applications to all registered Harris County voters. He was, however, still intending to send applications to everyone 65 and older and expressed that his office will be ready when he gets the green light from the court to send applications to all registered voters.

Texas Supreme Court Temporarily Puts the Brakes on Harris County Clerk’s Plan

In response to the lawsuit filed by the Harris County Republican Party, the Texas Supreme Court has ordered the Harris County Clerk to refrain from sending mail-in ballot applications to registered voters under the age of 65 who have not requested them. It appears, though, that the ultimate decision in this matter will depend upon the result of the lawsuit filed by the State of Texas in the 61st Judicial District Court in Harris County.

Meanwhile, Fifth Circuit Hears Arguments Over Texas Law Limiting Mail-In Ballots to Those 65 and Older

On August 31, in response to a lawsuit that was filed in April by the Texas Democratic Party, a panel of judges in the Fifth Circuit heard arguments in the case alleging that the Texas Election Code is discriminatory because it limits mail-in voting to those 65 years of age and older. The Texas Solicitor General argued that the law does not infringe upon anyone’s voting rights and was crafted with the prevention of voter fraud in mind. The Texas Democratic Party disagreed, arguing that limiting voting by mail to select group of people places an undue burden on others who want to exercise their right to vote.

Service of Process Through Social Media Approved by Texas Supreme Court

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In 2013, a bill was introduced in the Texas legislature to allow substituted service through social media websites. We wrote about if for this blog in August 2018. The 2013 bill was never referred to committee, and the subject was not addressed again until last year when the Texas Legislature enacted Senate Bill 891. This bill directed the Texas Supreme Court to adopt rules under Section 17.033, Civil Practice and Remedies Code that would “provide for the substituted service of citation by an electronic communication sent to a defendant through a social media presence.”

According to the high court’s Order, “the court may authorize service…in any other manner, including electronically by social media, email, or other technology, that…will be reasonably effective to give the defendant notice of the suit.” In deciding to authorize substituted service in this manner, the court may consider such factors as: the defendant maintains a social media page on the specified website; the profile on the social media page is indeed the profile of the defendant; the defendant regularly accesses the social media account; and the defendant can reasonably be expected to receive actual notice if the electronic communication is sent to the defendant’s social media account.

The amendments will take effect on December 31, but public comments submitted to the court until December 1, will be considered if any changes to the amendments are deemed necessary.

Justice Court Cap Set to Double

Beginning September 1, the people of Texas will find it easier to obtain restitution when they have suffered damages: Justice Courts will hear cases on matters up to $20,000.

Justice Court jurisdiction has been limited for years to controveries concerning $10,000 or less, but inflation has rendered this limit increasingly out of date.

This change comes almost a decade into the effort to make Justice Court more accessible to the average Texan. In 2011, the legislature adopted Texas Government Code Sec. 27.060, which states the purpose of small claims court is to “ensure the fair, expeditious, and inexpensive resolution of small claims cases.” Justice Court judges are further required to keep hearings “informal, with the sole objective being to dispense speedy justice between the parties.”

At the Harris County Law Library, we see first-hand how average Texans can be frustrated by the $10,000 limit in pursuit of restitution, particularly in cases involving damage to their motor vehicles, or sometimes by unscrupulous contractors to their homes. Filing a small claims case requires filing out a one page, fill-in-the-blank form by hand. The form is conveniently available for free on the Harris County Justice of the Peace website. But even a Houstonian savvy enough to find their way to our reference desk is likely to be frustrated by the legalese-laden templates and handbooks necessary to press a claim worth any more than $10,000. Especially if they are suing an established corporation, even a well-educated pro se litigant with a good claim is likely to be unfamiliar with legal terminology and procedure, and will face an uphill battle.

As our library strives to provide all the residents of Harris County with access to justice, we are pleased our patrons will benefit from the broadened access to Texas’s so-called “people’s court.”

Houston Civil Rights Org Files Lawsuit to Enforce SCOTUS DACA Ruling

Familias Inmigrantes y Estudiantes en la Lucha (FIEL) Houston has filed a lawsuit in federal court seeking to compel the Trump administration to comply with the Supreme Court ruling in Department of Homeland Security v. Regents of Univ. of Cal., which was widely interperted to mean the executive branch must begin processing the tens of thousands of backlogged Deferred Action for Childhood Arrivals (DACA) applications.

Despite the fact that the Court held DACA must immediately be reinstated, as the United States District Court for the District of Maryland also held on July 17, to its “pre-September 5, 2017 status,” the Executive Branch has resisted. Acting Secretary of the Department of Homeland Security, Chad F. Wolf, released a memo directing his agency to shorten DACA renewals, end the policy of allowing applicants with pending status to leave and then reenter the United States, and “to take all appropriate actions to reject all pending and future initial requests for DACA.”

The American Civil Liberties Union (ACLU) described the actions outlined in the memo as “patently ilegal.” In an interview with Inside Higher Ed, University of Houston Law Center Professor Emeritus Michael Olivas explained, “The Supreme Court said you can’t shut it down without going through the proper channels, which they [DHS] have not yet done.”

“Nobody is above the law,” said Cesar Espinosa, Director of FIEL Houston. “If the Supreme Court gave a decision, [the Trump administration] needs to take action immediately.” His organization filed suit because, he explained, “These young people cannot wait anymore.”

The Houston Chronicle estimates the number of so-called “Dreamers” in Texas would double if the Trump administration accepted both new and outstanding DACA applications.