- Elizabeth Larson
- Posted On
Lake County Superior Court prepares to resume trials; jury selection to be held at fairgrounds
On Aug. 12, Presiding Superior Court Judge Michael Lunas formally asked California Chief Justice Tani Cantil-Sakauye to approve a judicial emergency order that would allow trial deadline extensions and for proceedings to be held in a location other than the Lake County Courthouse in Lakeport, as Lake County News has reported.
Court Executive Officer Krista LeVier told Lake County News that the chief justice signed the order on Aug. 14 and the court received it the weekend before last.
On Aug. 18, Lunas issued a general order to implement emergency relief stating that in cases in which the statutory deadline for court cases otherwise would expire on Aug. 19 through Sept. 17, any judge of the court may extend the time period provided under the penal code for holding a criminal trial by not more than 30 days.
LeVier said the extra time was needed in order to prepare to resume trial proceedings in accordance with the Public Health officer’s guidance.
The emergency order has impacted six cases; LeVier said that earlier this week, three of those cases entered general time waivers, which is when defendants agree that a trial date can be set beyond the 60 days prescribed in state law.
On March 16, the court suspended all jury trials in response to the pandemic, a move supported by emergency orders issued by the Judicial Council of California that extended the constitutional right to a speedy trial by 90 days, as Lake County News has reported. No trials have been conducted in Lake County since then.
The Judicial Council cleared the way for courts across the state to begin resuming trials in early June, with the Lake County Superior Court planning to start trials in early July.
The courts implemented a number of safety precautions in advance, including installing hand sanitizer stations, requiring masking and social distancing, installing signage, taping off seats in the courtrooms to ensure people are not sitting too close together, placing plexiglass around witness stands, and moving the public court records kiosk into the hall and out of the small room that houses the public window for the court clerk’s office.
For more than a month, LeVier reported that cases that had been set for trial ended up being rescheduled or otherwise resolved.
Then, earlier this month, LeVier said the courts received additional guidance from Lake County Public Health Officer Dr. Gary Pace, which included a suggestion that the courts move jury selection from the courthouse on N. Forbes Street in Lakeport, which is a cramped location even in times that don’t require social distancing.
As a result, LeVier said that the court – in consultation with Dr. Pace – is moving jury selection to the Lake County Fairgrounds on Martin Street, a short distance away.
LeVier said the court has secured the use of Phil Lewis Hall at the fairgrounds and has been working closely with Dr. Pace to ensure all appropriate precautions have been taken.
“Given the ongoing issues with the COVID pandemic, the courts have been trying to balance defendants’ constitutional right to trials with concerns about preventing the spread of the virus,” Pace said in a written statement. “We have been working together on safety plans, and I appreciate the efforts that the judges and court staff are making to protect people who need to be in the courtroom. We have put together some solid precautionary strategies, and we will reevaluate them regularly to ensure that they are adequate.”
Phil Lewis Hall is the main exhibit hall, most recently used as a skating rink, which has nearly 10,000 square feet of space.
LeVier said that during the past several weeks, the court has worked tirelessly to secure the hall and set it up to function as a courtroom.
She said the court offered its thanks to the fair and its chief executive officer, Sheli Wright, who along with her staff has been willing to assist the court in any way possible with its new arrangements.
The fairgrounds facility will allow additional physical distancing for jurors both while entering the building as well as during the jury selection process, LeVier said.
The larger site also will allow for temperature screening upon arrival. No one with a temperature of 100.4 Fahrenheit or more will be allowed to enter the building, LeVier said.
Once the trial jury is selected, LeVier said the remainder of the trial will be conducted in the courthouse.
LeVier said the following precautions will be taken at both the fairgrounds and the courthouse facility to keep everyone safe:
– All courtrooms have a supply of hand sanitizer, disinfecting wipes, disinfecting cleaning spray and gloves available.
– Touchless hand sanitizing stations are available.
– In accordance with the Governor and the Public Health Officer Orders for mandatory face coverings when indoors, all jurors, attorneys, parties, court staff and judges will be required to wear face coverings.
– The number of individuals in a courtroom at one time will be limited, to allow appropriate social distancing.
– Once seated on a jury, the jurors will deliberate in the courtroom instead of the jury deliberation room.
– An online hardship request process is available, which will allow jurors to request a hardship without physically coming to the court building.
– Individuals considered at high-risk of COVID-19 related complications may reschedule their jury service online.
– Jurors are directed not to report if they have any COVID-19 like symptoms or any contact with a COVID-19 positive case.
– Any individuals who appear to be ill will be asked to leave immediately.
“Trial by jury is foundational to our democracy and the cornerstone of our justice system,” said Judge Lunas. “The court is always appreciative of jurors who fulfill their responsibility to serve on a jury, especially those who will be called on to do so during these difficult times.”
For more information about court operations, visit the court website.
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