By DEBRA HAIGHT
BCR Correspondent
2020 has been a year like no other with the onset of the COVID-19 pandemic in March. That has been especially true for the criminal justice system as courts have been gradually reopening since closing to the public and putting many cases on hold in the first half of the year.
That’s changed in recent weeks as the upsurge in cases, hospitalizations and deaths has led area courts to pause their reopening plans. Berrien County has gone back to phase two after a month into a phase three reopening. Cass County has remained in phase two since the summer.
The Michigan Supreme Court and the State Court Administrative Office outlined a four phase roadmap to reopening in May. The roadmap gives guidance to courts as to the steps they need to take for a gradual and safe reopening of court facilities to the public and the restart of court proceedings.
In Berrien County, trial court officials made the move to phase 3 and a limited re-opening in early October after already having started conducting jury trials in August. That quickly changed with an increase in COVID-19 cases and the courts returned to phase 2 on Oct. 26.
More news came last week and early this week on three fronts. First,
court officials announced that the Niles courthouse’s district and circuit court office would be closed Oct. 28 through Oct. 30 for in person business. In addition, those needing to visit the County Clerk’s office there were asked to contact the deputy branch clerk to make an appointment.
That news was quickly followed by an announcement Sunday that the Niles courthouse operations would be temporarily suspended Nov. 2-9 because of COVID-19 concerns. Berrien County Trial Court Administrator Carrie Smietanka-Haney announced that all Niles court hearings are being rescheduled and filings and inquiries will be processed in St. Joseph.
Thirdly, news reports over the weekend stated that jury trials have been put on hold for the month of November at both the St. Joseph and Niles courthouses.
An announcement from the trial court stated: “As a result of a recent increase in positive COVID tests in Berrien County, the Trial Court is suspending all jury trials until at least November 27, 2020. There is no need for jurors scheduled for the weeks of November 2nd, 9th, 16th or 23rd to call or report for service.”
Court officials went on to say that potential jurors scheduled to appear on or after November 30, 2020 should anticipate serving as originally scheduled. People called for jury duty in Berrien County are normally asked to call the toll-free jury hotline each night of their week of service.
A press release from the Berrien County Trial Court outlined what that meant for the public. “Most hearings have continued to be conducted using remote video technology through Zoom and will continue to do so,” the release stated. “Staff have returned to the building and have been and will continue to be available to serve the public by phone, e-mail, or mail.”
In addition, the move back to Phase 2 means that the Self-Help Legal Resource Center is open only for e-mail and phone assistance and that no walk-in filings are being allowed. In-person court proceedings continue to be for parties only with the public not able to attend in person.
Although public access continues to be limited, trial court officials emphasized that people can obtain videos of hearings by request and can watch jury trials when they are going on the court’s YouTube page.
As reported earlier, COVID-19 has changed the way court business is being conducted. For example, visitors-when allowed into the courthouses-must complete a health screening prior to being admitted and wear a face mask inside the buildings.
Jury selection also has looked different. The county has been using the north end of the Niles courthouse for jury selection for larger jury pools for cases assigned to both the St. Joseph and Niles courthouses. That practice started in August.
Smietanka-Haney said earlier that Berrien County has been holding jury trials since mid-August with jury trials livestreamed to the trial court’s YouTube page. Inside courtrooms in both courthouses, jurors are separated by distance and plexiglass in the jury box and around the courtroom.
Meanwhile, Cass County courts have never progressed out of phase 2 re-opening due to a surge in cases since late September and early October. Officials’ goal was to start holding jury trials on Oct. 20 but a continued surge in cases has had them keep those trials on hold for the time being.
Cass County Chief Judge Sue Dobrich said last month that officials have been preparing to start having jury trials for a number of months. They’ve looked at what other courts have been doing around the state and developed what they consider to be best practices for holding trials.
Measures they’ve taken include developing a regular cleaning regime and buying an ultraviolet machine to kill germs. People entering the court building will be screened and have their temperature checked with the use of a thermometer scanner on a tripod.
Like Berrien County, Cass County has found a new way to select juries. In their case, they’ve partnered with a Cassopolis area church for off-site jury selection and found ways to expedite the process.
Once a jury is selected, the trial will take place at the Law & Courts Building in either the district or probate courtrooms which have the technology needed to broadcast trials to the court’s YouTube channel. Also like Berrien County, Cass County is configuring courtrooms differently and keeping the public out to allow for social distancing requirements.
People can learn more about how both county courts are handling COVID on their websites. The Cass County courts’ website is www.casscourtsmi.org. The Berrien County courts’ website is www.berriencounty.org/1058/Trial-Court.
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