Wake to resume jury trials. How will county keep courthouse visitors safe from COVID?
Jury trials resume in Wake County this month, bringing hundreds of potential jurors to downtown Raleigh in the coming weeks during the pandemic.
Wake County Clerk of Superior Court Blair Williams said adjustments for the coronavirus will be challenging as dozens of new people come to the courthouse on Salisbury Street daily, Monday through Thursday, starting Nov 16.
Blair’s office is responsible for summoning and guiding people through the jury-selection process.
“We want to make sure that the process goes off as seamless as possible,” he said, “because if you have a hiccup at the beginning, then that is going to maybe … put a cloud over the whole process.”
Wake is the first Triangle county to resume jury trials after the state’s chief justice said they could resume after Nov. 1.
Officials are trying to balance safety and practicality, Williams said.
Shutting down jury trials can have a bigger impact in larger counties like Wake, where such trials are typically held every week compared to Orange and Durham, which have them about once a month.
District attorneys say it could take a year or two to catch up on the backlog in the system, in which delays can benefit those accused of crimes as witnesses move on.
“We are caught between a rock and a hard place,” Williams said. “And we are trying to do the best that we can with the limited resources that we have with advice that is ever-changing.”
Mecklenburg County, which behind Wake is North Carolina’s second most populated county, is also set to resume jury trials Nov. 16.
To prepare, Williams said he and other courthouse officials are walking through the new procedures and working to guide and assist potential jurors in a way that he would want his favorite grandmother to be treated.
“They are coming into this big building. They are coming into a downtown environment, which can be intimidating without COVID,” he said.
Thousands summoned for jury duty
Williams sent out roughly 2,000 jury summonses last month and said the initial responses suggest more people are asking to be excused than before the pandemic.
“We kind of expected that,” he said.
From 200 to 300 people were summoned to the courthouse each day from Nov. 16-19 and Nov. 30-Dec. 3.
The goal is to get about 50 potential jurors to show up each day, which is also the maximum allowed in the jury lounge, Williams said.
During the pandemic, reasons for deferrals now include someone being at a higher risk for coronavirus, or living with someone who is, according to the jury summons. Those with children who need help with remote learning will also be considered.
Durham, Orange and Chatham counties plan to resume criminal jury trials after Jan. 1, district attorneys there said.
Orange County courthouse closed
In the first seven months of the pandemic, court officials have had to make adjustments after positive COVID-19 cases were reported at their facilities.
Orange County announced last week that the entire courthouse will be closed until Nov. 6 after a recent COVID-19 exposure.
On March 13, Chief Justice Cheri Beasley ordered that most court proceedings, including jury trials, be rescheduled. While court operations were expanded over time, jury trials were prohibited until Nov. 1.
Beasley ordered each district to establish a plan for resuming jury trials that includes social distancing; screening jurors, attorneys, witnesses and others involved in the trial process daily; and how to respond if someone tests positive for COVID-19.
Wake’s plan starts with District Attorney Lorrin Freeman’s office choosing which cases go forward based on factors such as witnesses’ risk factors.
Freeman said the first trials will address charges that typically don’t take long to try and have fewer witnesses, such as possession of a firearm by a felon.
“We intend to start slowly,” she said.
The plan identified at least four courtrooms that can hold 12 to 26 people. When courtrooms fill up, jurors will be spread out in different courtrooms and other areas. Civil trials can begin Jan. 1 or 30 days after the resumption of criminal trials, the plan says.
Masks are required in the Wake County courthouse, with limited exceptions. Potential jurors will be provided extra masks and other safety materials, the Wake plan states.
After jurors are selected
Jurors will be sworn in by affirmation. Jurors who want to be sworn in on a Bible should bring their own, the jury summons notice states.
Once a trial begins, jurors will sit at least six feet apart in the front rows of the courtroom. Witnesses will testify from the jury box.
The judge will decide whether there is enough space for a few family members and others to attend. If space fills up, arrangements should be made, if possible, to live stream the trial in an empty courtroom or suitable space.
Bench conferences between attorneys and judges may be held in other rooms, or a white noise generator may be used to mask confidential conversations that must take place with social distancing.
If a trial participant tests positive, officials will take steps recommended by the health department.
“The presiding judge should be prepared to take appropriate measures, such as declaring a mistrial or suspending the trial, as may be required in the interests of justice and public safety,” the plan states.
Staff reporter Josh Shaffer contributed to this report.
This story was originally published November 2, 2020 at 10:52 AM.
