Will trial courts suspend operations to protect against coronavirus?
A Fresno defense attorney is calling on the Fresno County Superior Court to follow the lead of other counties in California and scale down or close operations to limit the potential spread of the highly contagious COVID-19 virus.
Eric Schweitzer, a Fresno lawyer and president of California Attorneys for Criminal Justice, said this is a public health issue as much as it is a criminal justice issue.
Courthouses in Los Angeles, Santa Clara and San Diego counties, have all made changes from temporarily closing some departments to delaying the start of new trials for several weeks in effort to limit the public’s potential exposure to the virus.
Madera County announced on Monday afternoon that it will make changes to protect against COVID-19, including continuing felony jury trials in which a time waiver has been entered and the defendant is out of custody. Cases scheduled between March 17 and April 3 will be moved forward eight weeks from their scheduled date.
The same eight-week continuation schedule also will apply to all out-of-custody criminal arraignments scheduled between March 17 and April 3. Madera County Superior Court has listed all of the changes on its website.
In Fresno, Schweitzer proposes several options, including allowing defendants who are in custody and facing felony charges to appear via telephone; to release all pre-trial detainees not facing serious or violent felony charges; and to continue cases for six months for out-of-custody defendants.
Federal and state health officials have strongly recommended putting at least six feet between people to minimize the risk of contracting the virus. That isn’t easy in some of Fresno’s smaller courtrooms where those in attendance often sit side by side.
“This is an extraordinary situation and this is not a panic response, it’s a proactive response,” Schweitzer said.
Schweitzer said jurors with children are under pressure to find child care now that most school districts have canceled school for several weeks. Some people will also have an obligation to look after an elderly relative.
This weekend, Gov. Gavin Newsome urged those over the age of 65 to stay home.
“Under these circumstances it is unrealistic to think you can process jurors and get a fair and disinterested jury to deliberate,” he said. “You are asking too much of people.”
State guidance
On Monday, California Chief Justice Tani G. Cantil-Sakauye issued some guidance to the trial courts seeking to suspend or adjust court operations.
Fresno County Superior Court officials have been meeting about the issue but as of Monday afternoon had not announced any plans to disrupt court proceedings. Other counties, including Tulare, Kings and Merced, also are deciding what changes, if any, will be made.
Fresno County has put up posters in courtroom hallways with tips on hand washing and covering your cough.
On its website, the court reminds those called for jury service that if they have a cough, shortness of breath, headaches, or a fever to call the Jury Office at 559-457-1600 to reschedule.
The same goes for people with pending cases who are out of custody. The court says that if you are showing flu-like symptoms, contact your attorney but don’t come to court.
The coronavirus (COVID-19) has claimed the lives of more than 6,500 people worldwide with many of those deaths in China, Italy, Iran, and South Korea. In the United States, 41 people have died and there are 1,629 reported cases, according to the Centers for Disease Control and Prevention.
As of Monday, California has 335 reported cases including two in Fresno County, two in Tulare County and one in Madera County. The disease has killed six people, according to the California Department of Public Health.
