Macomb County Circuit Court started holding jury trials this week, more than six months after the courthouse was closed due to COVID-19.
The resumption, according to a news release issued Wednesday by the court, was occurring in order to insure that civil litigants and criminal defendants rights are protected and as part of the phased reopening mandated by the State Supreme Court.
“The constitutional right to trial by jury is one of the most fundamental rights on which our system of justice is based,” said Chief Judge James M. Biernat, Jr. “A free society like ours depends on ensuring that everyone’s rights are respected.
“In order to balance our legal duties with the safety of the public, we are doing everything possible to ensure the safety of all prospective jurors. I want to thank everyone for their understanding and their willingness to ensure that the rule of law is respected in these trying times.”
On Monday, the first jury selection was conducted remotely via Zoom by Judge Michael Servitto.
The next day, Biernat conducted the first in-person jury selection.
The jury selection process went smoothly in both cases, court officials said, and numerous safeguards have been put in place to assure the health and safety of everyone reporting to jury duty.
In order to protect the health of the most vulnerable during the pandemic, the court has been allowing postponements for anyone who is in a high risk category or caring for someone in a high risk category.
Everyone is asked if they fall into these categories when filling out their jury questionnaire, and they are allowed an automatic deferral of their jury service if they do.
Anyone who has been exposed to COVID-19, diagnosed with the disease or is experiencing symptoms associated with COVID-19 will also have their service postponed, the court said
They may contact the jury clerk for a postponement. Under no circumstances are they permitted in the courthouse.
People arriving at the courthouse for jury dervice must check in at MacombCheckIn.com.
The app presents a series of health questions. When an individual completed the survey and the jury room is ready for people to enter, they receive a text message.
If a juror does not have a cell phone or a smartphone, they can check in at a kiosk at the courthouse and wait for further instructions from security.
To avoid bottlenecks and insure social distancing while checking in, a few jurors receive text messages to enter at a time. Additionally, everyone is scanned with a touchless thermometer before entering the building.
All surfaces in the courthouse are being cleaned regularly and in accordance with applicable guidelines, according to the court.
No one is allowed to enter the building without a face mask and face masks will be provided for any juror who needs them.
Hand sanitizer, gloves and disinfectant wipes are also available in the jury room and in the courtrooms.
The jury room and the courtrooms have been configured to ensure that six-foot separation be maintained at all times, with significantly reduced seating to accommodate social distancing.
Elevator capacity is limited. Business conducted on any given floor of the building is being limited to ensure adequate spacing.
The court is continuing to follow the guidelines established by the Supreme Court and the State Court Administrative Office in the return to jury trials.
Criteria for courts to conduct jury trials was recently updated and announced by State Court Administrator Tom Boyd.
The key element of the new criteria, he said, was that all phase two and phase three courts are required to submit one LAO that will apply to all jury trials in that jurisdiction.
Phase two courts are no longer required to submit a jury checklist. Only those courts with an approved jury trial LAO may proceed with jury trials; however, courts must still assess safety as part of the decision-making process for determining whether to conduct each particular trial.
The following points build on earlier Return to Full Capacity (RTFC) guidance and supersedes it where appropriate:
1. Jury trials are limited to courts in phases two and three of the SCAO Return to Full Capacity process.
2. In order to conduct jury trials, while maximizing the safety of the public and court personnel, courts shall conduct all other work remotely (as much as possible) to reduce the number of people in the courthouse.
3. As a starting point for consideration of whether it is safe to conduct jury trials in a jurisdiction, local health department data or data available on the MiStart Map must show:
i. A 7-day average in the county of less than 70 COVID-19 cases per million per day AND less than 10 percent positive diagnostic tests; or,
ii. Fewer than 20 cases per day in the county over the past 7 days. If a county has a daily 7-day average of fewer than 20 cases, the criteria of 70 cases
per million or less may not apply, depending on county population.
4. Each chief judge must consult with their local public health official to determine the risk level and the mitigation measures necessary to avoid excessive risk. The chief judge shall decide whether, with mitigation measures in place, a jury trial can be conducted that will not create excessive risk
to public health. Excessive risk is the probability of disease transmission that cannot be reasonably mitigated through implementation of the safety
precautions provided in LAO 51, or other precautions recommended by the local public health department.
5. On days when jury proceedings are being conducted, to the extent possible, collect the names and contact information of anyone coming into the building. Assure the individual that the collected information will only be used for contact tracing, if necessary.
6. The chief judge’s decision about whether to proceed with a jury trial must include consideration of the following:
i. The percentage of cases in the county that are associated with an outbreak, such as cases confined to a nursing home;
ii. The number of COVID-related deaths among county residents;
iii. The proportion of emergency department visits for coronavirus-like symptoms for the Michigan Economic Recovery Council (MERC) region;
iv. The COVID-19 hospitalization rates for the MERC region; and
v. The known COVID-19 cases associated with the court facility over the past 14 days, and any evidence of ongoing transmission within the facility.
7. A jury trial may not commence if the chief judge determines, based on information provided by the local health department, that such a trial would create an excessive public health risk.
8. The court must also have risk mitigation strategies in place including screening, social distancing, frequent sanitizing of common surfaces, and wearing of masks in all places where people may congregate. Each court must submit an LAO to the SCAO regional office for approval. The LAO must outline minimum mitigation strategies for all trials and should include additional safety.
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