By CRISTINA JANNEY
Hays Post
Jury trials are set to resume in Ellis County, starting in November, but with extra precautions to protect, all parties, including jurors, from COVID-19.
The 23rd Judicial District, of which Ellis County is a part, has submitted a plan to reopen the jury system to the state, and the state approved that plan.
Speedy trial rights suspended
Jury trials have been suspended in the judicial district since March due to the coronavirus. This has caused a backlog of cases for the district. Chief Judge Glenn Braun said he did not know how long it would take to catch up those cases.
One case has been set for November. Twenty-six other jury trials need to be scheduled for the 23rd Judicial District, which also includes Gove, Trego and Rooks counties.
The Kansas Supreme Court issued administrative orders, which temporarily prohibited jury trials due to the pandemic.
Defendants have a right to a speedy trial under Kansas law. A defendant, who is in jail, has to be brought to trail within 150 days of arraignment.
The Legislature granted the Kansas Supreme Court Chief Justice the authority to suspend the right to speedy trial in light of the pandemic. That right continues to be suspended, Braun said.
According to information conveyed to the judicial districts from the Chief Justice, Braun said that suspension while likely stay in place as judicial districts try to ramp back up their jury trials.
As the court ramps up trials again, it has placed a hierarchy on how the cases will be heard.
The priority list is as follows: anyone charged with a felony who is currently in jail, anyone charged with a misdemeanor who is in jail, anyone who is out on bond with felony charges, anyone who is out on bond on misdemeanor charges and civil jury trials.
Safety for jurors
"What one of the things we have done as a team is we have prioritized juries to this extent," Braun said. "Many people when they come in as a prospective juror, it may be the only contact they have with the court system.
"I think it is vitally important that we treat them with the utmost respect and consideration, that we make it as comfortable as we possibly can. We know they are nervous. It is a strange environment. Sure you've seen little clips on TV and in movies, but the real thing, as well all know, is different."
Braun said he wants to continue to make jurors feel comfortable under the constraints of the COVID crisis.
The court system as been working with Ellis County Public Health Officer Jason Kennedy to develop a safety plan for jurors, Braun said.
"That is priority No. 1 — to make sure our prospective jurors feel that their health is protected, so we appreciate all (Kennedy) has done," Braun said.
The plan that was submitted to the state requires judicial districts to call about 40 percent more jurors than are typical for any given case. The jurors who are being called for jury duty will receive a special COVID-19 questionnaire.
Questionnaires have already gone out for the first jury trial. Jury selection for that case, a murder case, is set to begin Nov. 13.
Some of the questions will include if you have been exposed to COVID-19, have you had a positive test and are you at high risk for complications from COVID-19, said Amanda Truan, 23rd Judicial District Court administrator.
Braun will have to evaluate the questionnaires to determine who can be called for the next step in the process, which is voir dire. A shortened definitions of voir dire from law.com is the questioning of a jury used to determine if any juror is biased and/or cannot deal with the issues fairly.
Jurors will be broken into groups of 30 for the voir dire process. They will be asked to report on a specific time and date to the county commission chambers in the basement of the County Administrative Center, 718 Main. The move was done to facilitate social distancing.
If the court gets enough jurors selected from the first or second panel, etc., the rest of the jurors will be excused.
Potential jurors will be temperature checked and asked specific COVID-related questions, to wear masks or face shields and will be seated in assigned seats.
Staff on hand will be taking the same precautions.
Extra alternate jurors will be chosen for each jury.
Once the jury is selected, the trial will be moved back to the courthouse. The court has received CARES Act funding for barriers that will separate the jurors, Truan said. The court received just less than $15,000 for the safety improvements.
The money was also used to purchase iPads. Evidence will no longer be handed out, it will be viewed on devices.
Jurors will be given welcome bags that will include water, paper, pen, additional face masks and gloves. Jurors will be given totes in which to store their belongings so they don't mingle with other jurors' belongings.
Bathrooms are going to locked down for jurors only. Those will be cleaned after every break, Truan said. All areas of the courtroom will be frequently sanitizing, including the use of an electro static sprayer.
There will be more breaks and longer breaks for jurors, as well. Sidebars will be held outside the courtroom, so the jury does not have to be moved out of the courtroom.
Exemptions from jury duty dues to COVID
Braun said he wants to make sure he does not violate anyone's HIPAA rights concerning a medical condition.
However, he said if a person is concerned about serving jury duty because they have a pre-existing condition, that may be grounds for being excused from jury duty.
He said that person will likely be contacted by the court to discuss those concerns.
Barking dogs, screaming kids, court moves to Zoom
Although the jury trials have been suspended, the courts have not stopped working.
"Sometimes I think we are working harder now than before COVID hit," Braun said.
The 23rd Judicial District has continued to conduct hearings. The vast majority of those have been through Zoom, Braun said. In one recent day, Braun conducted eight hearings in a day.
Traffic, juvenile, and children in need of care, small claims and limited civil cases all continue to work their way through the judicial system, Braun said.
Criminal pleas and sentencing are also still being handled by the court despite the challenges of the pandemic, he said.
In Ellis County in August, the court conducted 546 hearings, 99 precent of which were conducted via Zoom, Truan said.
Braun said challenges continue to emerge as the court continues to be reliant on technology to conduct hearings. Initially, the court had to acquire new hardware, as well as improve its wifi to accommodate the online hearings.
"We have had pro se litigants — I've had them driving down the road trying to make an appearance on Zoom. They lose their wifi. There are some folks needing to use some common sense and realize this is an important procedure and requires some just good common sense," Braun said.
Judge Richard Flax in WaKeeney had a litigant appear via Zoom while still in bed, Braun said.
Screaming kids and barking dogs in the background have also been issues.
"We are working our way through it, and people, they are trying hard," Braun said. "It is always a work in progress."
It's not all negative, Truan said. Since the court has started using Zoom, court hearings are starting on time more often and appearance rates have gone up, she said.
Public access
Because of the need for social distancing, the court will only allow a limited number of people into the courtroom during trials, Braun said.
Victims have a right to attend trials under Kansas law. Victims and their families will be allowed to attend trials in person within limits, he said.
For the rest of the public, the jury trial proceedings will be broadcast on YouTube.
Braun said he thought some of the advances in the use of technology in the court system will continue even after the pandemic crisis is over.
"There are some tremendous cost savings to the litigants and to their attorneys," he said. "I anticipate many of these changes will become the rule rather than the exception as time progresses and after we get beyond this pandemic."