Courts to soon reopen fully, resume jury trials

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HANCOCK COUNTY — It’s one of the more important things that happens inside a courthouse: a person being judged by their peers during a trial. Since the pandemic, that vital part of the judicial system has been on hold.

Now, however, the county courts have made plans to soon resume jury trials. A transition plan detailing how judges will fully reopen their courts has been approved by the state, the judges learned on Tuesday, June 9.

The county plan, which included input from law enforcement, the health department and other officials, detailed guidelines that include social distancing, the use of masks and scheduling trials with 12-person juries only in the circuit court courtroom, which is the biggest one in the courthouse.

Some trials will resume by July 6, with a fuller schedule of jury trials as soon as July 20.

The backlog of cases is a priority. Judge Scott Sirk of Hancock County Circuit Court has been working with court commissioner Cody Coombs, double-booking cases on Thursday and Friday mornings utilizing the commissioner’s court to keep hearings and other business moving as smoothly as possible.

“We will do our best to address the backlog efficiently,” Sirk said.

Resuming jury trials will bring some changes.

Hancock County Superior Court 2 has sufficient space, officials have determined, to hold misdemeanor and Level 6 jury trials, which require six jurors. The circuit courtroom will be used for trials that require 12 jurors.

According to the judges’ plan, Sirk and Superior Court 1 Judge Marie Castetter will coordinate their trial dates. Their courts, which hear the vast majority of larger jury trials, will also take into consideration jurors’ age and/or health risks associated with COVID-19, the court plans noted.

Another courtroom or the commissioners court will be used for jury deliberations to help maintain proper social distancing, since the current jury deliberation rooms are too small to allow proper distancing.

All jury members will be asked to wear masks, and the court will provide masks for those who need them, the county plan said.

The plan also includes making a county nurse available as a consultant for the courts as needed. In addition to safety measures such as masks and social distancing, the court facilities will be cleaned in between hearings.

The judges also had the opportunity to speak with a Hancock Regional Hospital nurse consultant and said it was helpful.

“The consultant has observed all of our courtrooms and made recommendations about any potential issues that may be present,” Castetter said.

Her main concern is the safety of employees, community members and anyone who walks into the courthouse. Sirk agreed.

“We are taking every precaution such as masks and hand sanitizer and social distancing,” Sirk said.

While it will be up to each judge as to what happens in their court, Superior Court 1 is not requiring people to wear masks, Castetter said. But they are requiring social distancing, and masks will be available for anyone who wants one.

“It does make it somewhat more difficult to understand what someone is saying while wearing a mask,” Castetter said.

Still, she wants what is best for the public.

While the courts are planning to extend operations, they will continue to hold remote hearings whenever possible.

The courts also have electronic equipment that allows judges to see inmates remotely, eliminating the transportation of an inmate, who would have to be quarantined upon return to the county jail.

Holding remote hearings has also kept the backlog to a manageable level, Castetter noted.

She also acknowledged attorneys have been working to get resolutions short of coming to trial.

For those who still might not want to enter the courthouse because of safety concerns, the county courts are hoping to implement a new video streaming system that will allow the community to watch a limited amount of courtroom activity.

Castetter was able to stream a hearing for the first time from the courthouse Tuesday, June 9, via the internet.

People can visit. www.public.courts.in.gov/home/portal, click on “watch live court hearings,” then select Hancock County.

If a hearing or trial is being streamed, people can click on the link and watch. The system is not fully operational yet, and while the courts are busy throughout most of the day, not all court activity will be streamed.

Judge Dan Marshall of Superior Court 2 has said his courtroom is large enough to provide social distancing and that livestreaming is not necessary. Sirk has noted he wants to see his court provide the livesteaming service once they can work out some kinks.