HOW BERRIEN COUNTY CIVIL, FAMILY & CRIMINAL COURTS ARE RESPONDING TO COVID-19

By DEBRA HAIGHT
BCR Correspondent

The world turned upside down last week with Gov. Gretchen Whitmer and President Donald Trump declaring state and national states of emergencies due to the COVID-19 coronavirus outbreak. In this area, that’s meant everything from schools and churches closing to grocery and other stores running out of food and supplies.

Area courts have also made changes to their operations during this time period. Berrien Trial Court and Cass Court officials indicated that they’re following the directive set down by the Michigan Supreme Court.

In an order issued Sunday by the Michigan Supreme Court in response to Gov. Whitmer’s state of emergency declaration, the high court stated that courts around the state can implement emergency measures to mitigate the spread of the COVID-19 virus while still maintaining services. The measures are effective to the close of the day April 3.

Those measures include allowing trial courts to adjourn civil jury trials and any criminal jury trial where the defendant is not in custody. Efforts should be made to reduce the number of cases heard at any given time as well as maximize the use of technology to allow parties to participate remotely and for defendants to be arraigned via closed circuit television.

“During the state of emergency, trial courts should be mindful that taking reasonable steps to protect the public is more important than strict adherence to normal operating procedures or time guidelines standards,” the Michigan Supreme Court stated in their order.

“The Court encourages trial courts to cooperate as much as possible with the efforts of the Governor and other state and local officials to mitigate the spread of COVID-19, consistent with our duty to provide essential court services, protect public safety, and remain accessible to the public.”

Berrien County Trial Court Administrator Carrie Smietanka-Haney said Berrien County is following the high court’s recommendations. Civil jury trials are to be adjourned and criminal jury trials will be held on a case by case basis. The criminal trials will be adjourned unless the defendant is in custody or there have been previous delays, she said.

She recommends that individuals with questions or concerns about their pending cases contact the court. “We are in continuing communication with the Health Department and will continue to assess the situation throughout the state of emergency,” she said.

Similarly, Cass County court officials said late last week that Friend of the Court, District Court, juvenile and adult probation and Circuit Court matters will be adjourned when possible to mid-May. Any and all hearings involving individuals deemed to be at high risk of severe illness will be adjourned upon request.

Chief Judge Susan Dobrich ordered that all civil jury trials be adjourned and be reset after May 1 along will criminal jury trials where defendants are out on bond or are in state prison. In cases where jury trials will be held, jurors believed to be at high risk of illness will be excused.

The state’s COVID-19 hotline has been set up to provide answers for residents’ questions. The hotline will be open seven days a week from 8 a.m. to 5 p.m. at 1-888-535-6136.

As noted above, colleges and universities were the first to close last week upon order of the governor, followed shortly by the closure of all K-12 schools.

Andrews University officials posted news of their switch to “distance learning” on their website last Wednesday. Lake Michigan College and Southwestern Michigan College officials announced a day later that they would suspend on-campus classes and cancel large community events on their campuses. Those suspensions last until early to mid April.

Large gatherings at all three colleges have also been cancelled. Those include concerts, the passion play, international food fair and Gymnics show at Andrews; concerts, lectures and special events like the Blossomtime contest at Lake Michigan College and the Student Activity Center and the spring musical at Southwestern Michigan College.

K-12 districts in the state are also closed. The governor’s order states that schools will be closed until April 6 but area schools will actually be closed until April 13 because spring break will be held.

As for whether districts will have to make up the cancelled class time, Berrien RESA Superintendent Kevin Ivers said it would be up to the legislature to issue a waiver. Ivers said the governor’s recommendation that staff be paid during the time schools are closed will be up to individual districts. He said RESA will be paying its staff.

Relative to online courses, he said some schools are sending home packets of materials so students can do work at home. He added that most schools don’t have distance learning capabilities set up and 22 percent of the county doesn’t have broadband.

Symptoms of the COVID-19 virus include fever, cough, shortness of breath and pneumonia. The best prevention for this and other viruses are sanitation, good hygiene, avoiding contact with those who are sick, covering coughs and sneezes, staying six feet away from people and staying home if you are sick.