Ingham circuit and probate courts extend suspension of in-person jury trials until June 7

Judge Richard J. Garcia, Chief Judge of the 30th Circuit Court and the Ingham County Probate Court, issued an order on April 23 extending the suspension of in-person jury trials in the two courts until June 7.  Due to the ongoing COVID-19 pandemic as well as restrictions on in-person proceedings the Michigan Supreme Court has put in place because of it, jury trials have not been conducted in either court since August of last year. While under Judge Garcia’s order jury trials involving an in-person component may not be held until June 7, the order does not prevent a jury trial which is conducted purely through remote means, an innovation on which the Michigan Supreme Court has issued standards specifically in response to the pandemic and the general need to socially distance.

Under the Supreme Court’s guidelines for allowing in-person jury trials, courts that are otherwise not allowed to conduct such trials must first determine that there is a seven-day average in the county of less than 70 COVID-19 cases per million per day and less than a 10-percent positivity rate in diagnostic tests.  Once these minimal criteria are met, the Chief Judge must determine whether in-person jury trials would create an excessive risk to public health.

Judge Garcia’s April 23 order indicates that the county continues to exceed the minimal standards for cases per million per day and percent of positive diagnostic tests.  The order finds that since these minimal standards are not met consideration of in-person jury trials in Ingham County Circuit and Probate Court is precluded at this time.

The 30th Circuit Court and Ingham County Probate Court are both located at the Veterans Memorial Courthouse at 313 W. Kalamazoo Street in Lansing.  The Mason Historical Courthouse, where the Circuit Court also has a presence, is temporarily closed due to the COVID-19 outbreak.