Crime

Jury trials will resume in Whatcom County Superior Court with these COVID-19 precautions

After nearly a year, jury trials are resuming in Whatcom County Superior Court.

The court will resume 12-person jury trials starting March 15, according to a Wednesday afternoon press release from Whatcom County Superior Court Judge Rob Olson.

Several Whatcom County courts, including the Superior Court, used emergency administrative orders to suspend jury trials in mid-March 2020 due to the COVID-19 pandemic.

Olson’s March 3 news release said “extensive new” safety precautions have been put in place to protect the safety of jurors and the public in order for trials to resume.

“The suspension of jury trials was needed to protect the public and court staff, and it gave us the opportunity to redesign our jury processes with the input of public health experts, trial participants, and other stakeholders,” Olson said in a prepared statement. “Now it is critical that we re-start jury trials, which are key to the fair administration of justice.”

Summonses for jury trials are going out soon, and the first trial is tentatively scheduled for the third week of March, the release states.

One trial at a time will happen in Superior Court and a jury panel will be summoned. Prospective jurors will have their temperature checked on arrival and staff will make sure they satisfy health requirements for service, the release states.

People who meet certain risk criteria will be offered a deferral of jury service, according to the release. If potential jurors are experiencing COVID-19-related symptoms or other health concerns, they are asked not to appear for jury service.

Socially distanced jury selection

Jury selection will happen in the Whatcom County Council chambers in groups of 25 people or less, and individuals will be required to follow social distancing and face mask requirements, the release states.

Once a jury is selected, one trial will be conducted using both of the larger courtrooms, Department 1 and Department 3, on the third floor of the county courthouse. The trial will be conducted in one courtroom and the other will be reserved and used for the jury when the court is in recess, according to Dave Reynolds, director of the Whatcom County Superior Court.

Jurors will have their temperature checked every morning and will submit to a medical self-screening, according to the release.

A viewing room will be available for the public to watch the proceedings via Zoom, Reynolds said.

Council chambers and courtrooms will be cleaned each day, the release states.

If any juror has any symptoms of ill health or other safety concerns, they are instructed to report it immediately to the jury coordinator or bailiff.

Face masks required for all

Face masks will be required for all judges, attorneys, defendants, jurors, witnesses and the public, the release states. People are also allowed to bring and wear their own personal protective equipment, but the court will make masks available for all jurors.

The court won’t provide food, drink or reading materials during trials due to the coronavirus safety precautions, and jurors are encouraged to bring their own if desired, according to the release.

Trials will take place from roughly 9 a.m. to 4:30 p.m. Monday through Thursday.

The release states that jury trials are still needed because they are a “cornerstone of the justice system,” are guaranteed by the U.S. Constitution and are critical to fair hearings.

If a person who is sent a summons for jury duty is in a high-risk category for COVID-19 or is an essential worker, they can be excused by following the instructions to apply to be excused or rescheduled on their summons, the release states.

“The health and safety of those required for jury service is our primary concern. We believe the processes now in place will ensure this safety, while still recognizing the essential civic function that jury trials provide,” Olson said in a prepared statement.

Denver Pratt
The Bellingham Herald
Reporter Denver Pratt joined The Bellingham Herald in 2017 and covers courts and criminal and social justice. She has worked in Montana, Florida and Virginia. She lives in Alger, Wash.
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