Sign of the Times: Changes in Travis County Courts

Where We’ve Been, Where We’re Going

BY JUDGE AMY CLARK MEACHUM

On March 13, 2020, the civil and family courts leadership team met to discuss shutting down our physical space for a few weeks while the worst of the pandemic passed. Well, here we are 20 months later. While the in-person operations of the courthouse have remained limited, our judges and court staff have worked more this past year than at any time in my 11 years on the bench. The Austin Bar Association has been incredible at adapting to a changing legal landscape. And the public, litigants, and stakeholders have been responsive to and appreciative of these efforts and have adjusted with the times.

We have reached—and now exceeded—hearing numbers from pre-pandemic dockets, all while remaining virtual and keeping the public safe from exposure to the coronavirus. This has been a remarkable feat, and I am proud of our accomplishments together.

In the virtual platform, civil courts are operating at higher than pre-pandemic capacity—in all areas except jury trials.

In 2021, we are conducting more hearings on our civil long and short dockets and our family dockets than in 2019—our last “normal” year. And on our family short dockets, we have held more than 50% more hearings over our 2019 numbers! Through August 2019, our judges had conducted 1,168 short family docket hearings. In 2021, that number is 1,769 hearings! We have also conducted 17 virtual jury trials. And we will continue to hold virtual jury trials for as long as doing so is prudent and practical.

In the virtual platform, civil courts are operating at higher than pre-pandemic capacity in all areas except jury trials.

So, when we will be open for “normal” courthouse operations, and when will we have in-person jury trials?

The truth is, there is probably no returning to a pre-pandemic “normal.” There is only the future —where we all accept (whether we want to or not) that remote platforms are here to stay and adapt to a practice of law that is both in-person and virtual— combining to create a hybrid “new normal.”

Great news is on our horizon: Our new Travis County Civil and Family Courthouse is on schedule for a Fall 2022 opening. And this new space will be updated with technologically advanced courtrooms and configured for in-person matters, as well as virtual and hybrid proceedings. Our current space at Heman Marion Sweatt Courthouse (HMS) is lacking many of these updates. In addition, HMS is 91 years old with many cramped courtrooms, small elevators, scant public spaces, and complicated ventilation systems. Therefore, the civil courts, in conjunction with the District Clerk and other stakeholders in the building, are wrestling with what and how many improvements to make given the practical realities of the pandemic and a new courthouse right around the corner!

We recognize that many of the technological advancements are here to stay and we are beginning early discussions on what our dockets will look like starting in 2023 and beyond.

So how do we move forward in the meantime, continuing to recognize the challenges we face? A few updates on that front:

• Now that Travis County is back to Stage 3, the civil courts will resume our pilot project for in-person jury trials on Nov. 1, 2021. This project was cut short this past summer when coronavirus cases began to spike again. During the pilot period, we will continue to enforce spatial distancing and masking during jury trials at HMS. We will exercise our discretion to determine which cases currently set for the Fall 2021 jury dockets will be scheduled for in-person trials.

• Meanwhile, our capable judges and staff will continue our innovative virtual trials to meet the demands of our dockets during this time.

• After the holidays, if COVID-19 numbers continue to stay manageable in the community, we will begin soft openings for additional long-docket hearings in early 2022. So please stay tuned for more information from Court Administration on that front.

• Depending upon supply and demand as we move through 2022, we will explore which of our other dockets and hearings will be moving back in person—and what matters can stay virtual for now.

• In addition, we recognize that many of the technological advancements are here to stay, and we are beginning early discussions on what our dockets will look like starting in 2023 and beyond.

We are asking for the Austin Bar Association’s help in this reimagining of our civil justice system as we move toward a new normal. We appreciate your patience and understanding, and we welcome your input. Please do not hesitate to contact us if you have questions, comments, or concerns about these plans. And we look forward to the Austin Bar Association members being our partners and collaborators in this changing legal landscape. AL

Judge Amy Clark Meachum has served as the judge of the 201st District Court since January 2010. She served as the Travis County Civil Presiding Judge from September 2019 through August 2021, and she was recently selected by her judicial peers as the Local Administrative Judge for Travis County, effective Sept. 1, 2021.