Rule 16-309 - Remote Electronic Participation in Jury Cases(a)Applicability This Rule applies to situations in which any significant proceeding in a case that may be tried before a jury may or will be conducted by remote electronic participation under Rule 21-202.(b)Jury Plan The Jury Plan adopted by the court pursuant to Code, Courts Article, Title 8, Subtitle 2 shall: (1) require that the juror qualification form created pursuant to Code, Courts Article, § 8-302(a) inform a prospective juror that one or more proceedings in a case in which an individual may be called to sit as a juror may be conducted by remote electronic participation; (2) explain in sufficient detail and with clarity what that means and what that would require of a prospective juror; (3) inquire whether the prospective juror has the kind of equipment and the knowledge and ability to operate that equipment necessary to be able to participate by means of remote electronic participation; and (4) inform the prospective juror that, if the answer to that question is "no" and if the prospective juror is otherwise found qualified and summoned to act as a juror, the individual may be able to participate from the courthouse with lawful and appropriate assistance from court personnel. Committee note: Code, Courts Article, § 8-212 permits a jury plan to state any question to be included in the juror qualification form consistent with the interest of sound administration of justice and not inconsistent with the Code. It is critical, even when physical appearance at a proceeding is not feasible, that virtual jury pools represent a fair cross-section of the qualified citizenry. Remote electronic participation may be impossible or inordinately difficult for some people. Jury plans must take account of that and, when possible, make suitable provision for an alternative.
(c) Trial(1)GenerallyThe county administrative judge, with the assistance of the court administrator, the clerk of the court, the Administrative Office of the Courts, and such other persons or entities that the county administrative judge finds necessary or useful, shall make reasonable efforts to make courtrooms, jury rooms, and other facilities safely available for jurors, witnesses, and court personnel to use, to avoid the need for individual remote electronic participation in the trial itself or to reduce that need to the extent practicable.
(2)If Remote Electronic Participation at Trial is Required If remote electronic participation at trial is required, the county administrative judge shall: (A) designate and authorize one or more judicial employees to assist prospective jurors who require assistance in participating in juror selection procedures by remote electronic participation; Committee note: A judicial employee designated pursuant to subsection (c)(2)(A) of this Rule should be instructed that the employee's role is strictly limited to assisting the prospective juror in responding to questions and that the employee is not to discuss what the juror's responses should be.
(B) assure that all members of the jury, including alternates, witnesses, and court personnel are able to participate by remote electronic participation; and(C) provide a method for jurors to communicate with the judge when necessary and appropriate.Source: This Rule is new.
Adopted July 8, 2021, eff. 10/1/2021; amended April 21, 2023, eff. 7/1/2023.