Amid COVID scares, lawyers ask courts to expand virtual hearings

COVID scares — all triggered by false alarms (so far) — are disrupting court dockets in Broward County as the state continues to struggle with an increase in infections and hospitalizations.

While there’s no evidence that the courthouse in downtown Fort Lauderdale has been the site of any exposures, at least three courtrooms have had to stop what they are doing in the past two weeks because someone has reported coming into contact with an infected person or even exhibited symptoms while in the courtroom.

On Friday, Circuit Judge Elizabeth Scherer ordered the next hearing in the Parkland mass shooting case to be held virtually, even though the past two hearings have been in person. Attorneys requested the change of format the same week health officials reported hospitalizations hit an all-time high two days in a row.

Broward Chief Administrative Judge Jack Tuter on Friday issued a new administrative order aimed at limiting how many people come into the courthouse, ordering self-isolation and quarantine for employees at risk of having or catching the coronavirus or one of its variants.

People will still be summoned to jury duty and be expected to show up unless they’re showing symptoms, but the goal of the order is to significantly empty the courthouse hallways, elevators and courtrooms.

The order comes as a prominent legal group is pushing courts throughout the state to continue working remotely for most routine hearings, reserving courtrooms jury trials and other essential proceedings.

Jason B. Blank, chairman of the Criminal Law Section of the Florida Bar, is asking the state Supreme

Court and the chief judges of every judicial circuit to expand the use of remote technology and not just because it reduces the spread of coronavirus.

“We have found that the use of remote technology for non-essential hearings has led to a more efficient court system,” Blank said.

The courthouse began reopening to the general public in mid to late spring, and thousands of jurors have been called to service. But hundreds of routine pre-trial hearings scheduled daily can just as easily be conducted online without violating anyone’s due process rights, said Blank.

The Criminal Law Section of the Florida Bar represents thousands of prosecutors, defense lawyers, judges and law professors throughout the state.

“The common-sense reasons to return to regularly held remote

hearings are readily apparent,” Blank wrote in his letter to Florida Supreme Court Chief Justice Charles Canady. “The benefits of remotely holding non-essential hearings ... generally outweigh the benefits of in-person appearances on these matters.”

Tuter said he agreed with

Blank and wants to implement the idea.

“We’re going to scale back some of the face-to-face contact in the criminal division,” Tuter said. “Circuit civil will go back almost exclusively to virtual.”

Still, he said, minimizing in-person attendance at the courthouse is the main goal “at least until late September. At that time we’ll reassess and decide what needs to be done next.”