Any questions we cannot get to today will be reviewed and answered on our website with other CLE materials, and a recording of this CLE. Under the ATTORNEY tab, click on "Practicing in a Pandemic."

Questions may be submitted here

Questions may also be submitted via e-mail to

robert_phelps@iand.uscourts.gov

How is defense counsel going to be able to communicate with their clients during a jury trial?

What is the backlog of criminal cases versus civil? When do you see the Northern District having a civil jury trial?

Does the court anticipate limiting the potential jury pool during voir dire?

Since many law offices are closed to the public/clients, we can't have a defendant come into our office and actually see the discovery file for themselves? Thus, in criminal cases, would reviewing discovery files with a client by sharing your screen with an out-of-custody client over Zoom violate the discovery stipulation? If there is not going to be a good way for a defendant to review their discovery file, would continuances of criminal trials be liberally granted until such time as the defendant could have an adequate opportunity to personally review the discovery file?

In a civil case, one party wants to take Zoom depositions. The other party objects, citing general difficulty handling a lot of exhibits. Will the Court order the Zoom depos to proceed? Can you give examples of factors to consider if Zoom depos will be allowed or blocked?

What is your reaction to lawyers who insist that they must meet in person with their client to prepare for depositions or to defend their deposition? Kevin Caster

Has the court taken any steps to reduce the number of pre trial detainees?

Is the bench involved in monitoring infections/testing at the county jails? In the SDIA, the Polk County Jail provides daily updates regarding COVID-19, which the USAO circulates to the judges and FPD. As you may know, 84 inmates and 9 staff (as of today) at Polk County have tested positive.

Will everyone at a jury trial be required to wear masks? Everyone but witness and attorney who is doing questioning?

Will the Court consider voir dire questions allowing comparison of COVID exposure and "beyond a reasonable doubt"?

Has the court taken into account the information the State Court has considered, i.e. task forces, medical experts and other committees saying June 1, 2020 is too soon to resume court services? It's my understanding they are going to push the date back again.

Will witnesses be wearing masks? Won't that impact the ability to assess credibility?

What if after the trial starts and a jury is seated, one juror becomes symptomatic during a trial? Will the entire panel be required to self-quarantine for 14 days and the trial suspended, or will a mistrial be given?

Materials for the CLE can be found on our website here: https://www.iand.uscourts.gov/practicing-in-a-pandemic

Practicing in a Pandemic, has been approved for one hour of Credit in Iowa, Activity Number: 348300

What if one juror refuses to wear a mask and the rest of the panel refuses to serve with him because it is not safe? Honestly, I'm not sure I would agree to be in a courtroom for a week or more with someone who refuses to wear a mask.

Consider how you will handle the individual juror's opinions about wearing masks. There may be concern about serving with others who are not wearing masks. Should you have masks avaialble for those who do not bring them?

According to the SIouxland District Health Dept. 40% of the positive people in Woodbury county are asymptomatic. So, questioning may not help.

How will issues about meals and breaks be handled for jurors during the trial and during deliberations? How about issues with jurors who do not live in Sioux City or Cedar Rapids and have to travel to and from the courthouse?

I can envision jurors who have been out of work, are finally able to get back to work, who raise a hardship excuse that they cannot forego wages during a trial. Similarly, people may have childcare or other caregiving challenges due to the pandemic and raise a hardship excuse. What happens when we get simply get too few prospective jurors to proceed when we combine medical issues and hardship issues?

Will the recorded video of a Zoom deposition, which is not certified by a videographer, be deemed admissible/usable for display at trial so long as the transcript is certified by the court reporter?

This was excellent. Thanks for this opportunity

Thank you! This was very helpful.

Interpreters speak to non-English speaking defendants with closed circuit audio. Attorneys may be able to do the same. Thanks for the presentation NDIA and Judges Strand, Williams, and Roberts.

Agreed. Excellent.