Most criminal court proceedings have been suspended since March due to the coronavirus, but that is about to change. The Department of Public Advocacy, or DPA, is worried about what it may mean for the health of their attorneys and others in the system.
The seven Kentucky Supreme Court justices issued an administrative order a week ago, which says its effective June 1, courts may resume hearing all civil and criminal matters, but all hearings should be conducted remotely, unless the judge determines that an in-person hearing is necessary.
Since the order was issued, the DPA says some trial courts have announced an intention to resume hearings as early as June 1, with all parties physically present in the courtroom, not appearing through remote means as ordered by the Supreme Court. A few courts have already scheduled dockets for early June with hundreds of cases scheduled to be heard in person each day.
Public Advocate Damon Preston fears this may be going too far, too quickly.
“The Supreme Court announced a careful plan for a temporary transition stage as a bridge from the period of presumptive court closure that has been in place since March and a future period when courts can return to some degree of normal proceedings,” he said. “We believe all courts should follow this gradual approach, which begins with online remote hearings.”
Deputy Public Advocate B. Scott West says he has safety concerns.
“Even if safety precautions are enforced, an in-person docket means defenders and others will be exposed to dozens or hundreds of people over the course of several hours, as people continuously rotate throughout the courthouse and courtrooms. Any one of those could bring COVID-19 to all the people in the courtroom, endangering their health and requiring an extended shutdown of the court system once the exposure is discovered.”
West added: “Courts should resume as the Chief Justice ordered, through electronic means, not in a courtroom.”
Over the past two months, most courts have used online video platforms such as Skype, Zoom, Vidyo or Chime to hold court hearings with all participants appearing through a phone, tablet or computer. DPA Trial Division Director Samuel Cox says he believes these platforms are adequate during the pandemic for routine court appearances that need to be scheduled in June, July and August.
“While some cases, some hearings and some clients will require in-person proceedings, we believe that every case should first be scheduled for a safe remote appearance,” Cox stated. “In-person hearings in June or July should be reserved for circumstances where video is not sufficient.”
If a party cannot or does not participate in a video hearing, Cox recommends an in-person hearing be scheduled for August or later.
Preston says he believes it is too soon for courtrooms to be reopened for non-emergency hearings.
“We are asking all trial courts to adopt plans to conduct June and July dockets by video through an online platform. With the thousands of cases currently pending, orderly video dockets are an efficient method of resolving and advancing cases without any of the risks or safety requirements of in-person hearings.”
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Written by Tom Latek. Cross-posted from Kentucky Today.