In response to attorney concerns, Rhonda Hebert, the spokeswoman for the state Judicial Branch, said, "These are the very same issues we consider every single day as we adapt and adjust court operation. When trials resume protocols will be in place to match the then-existing public health demands. It has been and remains a moving target because the circumstances surrounding the virus change on a daily basis."

Tom Rechen, a partner with McCarter & English in Hartford, has been getting frequent feedback from members of the 1,300-member Hartford County Bar Association, where he serves as president.

"There is a lot of frustration from the members, and it's coming big-time from the criminal bar," said Rechen, an attorney for 32 years. "The members of the criminal bar recognize the challenges the Judicial Branch faces, but they are also concerned about their clients not getting their constitutional right to a speedy trial. There is no real answer here and that is the conundrum."

The Judicial Branch says it understands the frustration of Connecticut attorneys.

"The Judicial Branch's sensitivity to the bar, the litigants and other stakeholders has been clear from the beginning," Hebert said in a statement. "The pandemic has been challenging to all involved, and Connecticut is not unique—other court systems are experiencing similar challenges."

Hebert said the goal remains the safety and health of all involved.

"Judge David Gold, chief administrative judge of criminal matters, is regularly consulting with the chief State's Attorney, the chief public defender, and other stakeholders in the effort to develop additional, more efficient procedures to process the business of the criminal courts, always with the goal of assuring the health and safety of all of the participants in the process."

The federal courts have set a start date for jury trials to begin on May 3, the state courts have not set a start date for jury trials.

Rechen said that "while many members would like a start date, they also understand the situation is so fluid." He said officials should consider ideas floating around the bar association and elsewhere as they decide how jury trials can move forward.

"When we have jurors come to the courthouse, you will still have the issue of jurors sitting in close proximity to one another. There have been discussions about having the jurors in a separate room because of COVID, but in doing that, their ability to judge the body language and credibility of witnesses being examined is impeded," Rechen said.

It's not just attorneys that are feeling the effect of the uncertainty of when jury trials will start, it's also having an effect on their clients.

Andrew Garza, an attorney with Connecticut Trial Firm in Glastonbury, said, "The sooner we can put in place a solution that gets us closer to business as usual, the better off we and our clients will be."

Garza, a personal injury and workers' compensation attorney, noted he's representing a woman severely injured in a car accident. "She'd like to have her day in court and put this all behind her. The insurance company is not budging. A combination of delay and injuries and COVID is a perfect storm for a mental health crisis for some clients."

Some attorneys say changes in the law could make things go smoother in the current COVID-19 landscape.

Noting the backlog of cases in the system, Garza said: "The state Legislature can help with some mechanisms for resolving cases. In Connecticut, for example, we have a nonbinding arbitration program for cases of less than $50,000. States like Washington and elsewhere have that threshold at $100,000. Increasing the number here to $100,000 could help the courts manage the jury trial backlog a little better" as more cases could be resolved in nonbinding arbitration.

New Haven solo practitioner Alexander Taubes said he supports the Legislature "getting federal relief funding that could ease up the logjam and allow the courts to hire more people and to schedule more cases."

Beckert said that while the current times are challenging, "It's a chance for everyone to learn what we can do to adapt good practices going forward. For example, Microsoft Teams has been fantastic and has saved us time from having to drive miles for pretrials."

Read more:

Come Back in 2021: All Connecticut State and Federal Jury Trials Postponed