BERRIEN COUNTY COURT SYSTEM SET TO REOPEN

By DEBRA HAIGHT
BCR Correspondent

ST. JOSEPH – Berrien County courts have again moved to phase three of the state’s four-phase reopening plan and are expected to start holding jury trials next week. Berrien County Trial Court Administrator Carrie Smietanka-Haney gave that news last week to the Berrien County Board of Commissioners.

Smietanka-Haney said the trial court actually met the metrics set down by the Michigan Supreme Court in late February, but waited a week to give court personnel to time to transition to the new phase. The state laid out the “return to full capacity” plan last March at the start of the pandemic.

The trial court was able to get to phase three for a period of time last summer and fall before a rise in COVID-19 cases forced officials to move back services to almost entirely remote and virtual. The court was able to conduct a number of jury trials then but haven’t been able to since.

“The metrics are very well spelled out by the State Court Administrative Office,” Smietanka-Haney said. “There has to be 14 days between each phase and the overall positive trend has to be downward for 14 days. The positivity rate has to be five percent or lower for seven days.”

“Those numbers were satisfied by the middle to end of February and we did another week or so to give the staff time to transition,” she added. “If there are a spike in cases or an increase in the positivity rate, we move back. Barring any change in numbers in the county, we will be at phase three for a period of time.”

She noted that jury trials can be conducted in phase three and the trial court plans to start those trials up again next week. She said the plan developed last fall for jury selection will be used. That plan called for using the north end of the Niles courthouse for larger jury pools since that space allows people to be socially distant.

As for what else phase three means for the public, she said people can now come in to make payments, can have in person appointments with the self-help legal resource center and attend some proceedings in person. Remote access will continue via Zoom for hearing participants and via the county’s YouTube channel for the public to see trials.

She reported that the courthouse buildings will remain closed to the general public at this time and entrance to the building will only be allowed for parties or those under subpoena.  Those allowed to go inside either courthouse will be subject to health screenings and must wear face coverings.

Those with general questions will be provided with the means of contacting the court to handle their business in another fashion.  Individuals with business with non-court departments in the courthouse facilities such as the county clerk, the prosecutor’s office and the Michigan Department of Corrections will be served by appointment only.

Services started earlier in the pandemic will continue. Those include the public being able to request free video of court proceedings via a request form on the trial court’s website as well as being able to watch jury trials livestreamed on the court’s YouTube channel.

That channel can be found at https://www.youtube.com/channel/UCIK6TOjuFC4YZbrzbqrVdPw?view_as=subscriber. The trial court’s website is www.berriencounty.org/1058/Trial-Court. The website also provides contact information for court personnel as well as answers to frequently asked questions.

A move to phase four which is a return to full capacity is likely a ways off. “100 percent full capacity is when the national pandemic is declared over,” Smietanka-Haney said.

Her comments about the phased approach taken by the state courts led county commissioners to again question the actions taken by Gov. Gretchen Whitmer and other state officials.

While commissioners were pleased with Whitmer’s decision to allow larger gatherings including 50 percent capacity for restaurants, they said they still want more answers. Commissioners had voted the previous week to petition Whitmer to re-open restaurants to a greater capacity.

“I was encouraged to see some movement made, but discouraged to see other orders extended to April 19,” Commissioner Teri Freehling said. “I would ask the board to consider writing another letter or resolution to again urge the state and the governor to give us clear metrics.”

“We got the report today from the court and the metrics they used to move from phase two to phase three,” she added. “I would like to see the same metrics used for businesses and companies. It would create certainty for businesses and residents.”

“I would again encourage the state to take a regional approach,” she said. “We have five percent or less positivity and less hospitalizations, those are good reasons to move to recovery and mitigation rather than crisis management.”

County Board Chairman Mac Elliott said preliminary work has already started on a new letter or resolution to send to the governor. “I certainly concur, it’s best to keep this issue at the forefront and press for an explanation of how decisions are made and their rationale for not doing a regional approach,” he said.

“One size does not fit all,” he added. “What’s happening here isn’t the same as what’s happening in southeastern Michigan or other parts of the state. We will keep on keeping on.”

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