BACK IN SESSION
Trials slowly resuming while keeping COVID-19 prevention rules in place
Two trials began in recent days in the Macomb County courthouse and more are expected next week as COVID-19 restrictions are gradually eased by state court officials.
A civil trial began Monday presided by Judge Michael Servitto and a one-day minitrial was held Tuesday in front of Chief Judge James Biernat Jr. at Macomb County Circuit Court on Main Street in Mount Clemens.
In addition, two criminal trials, including a murder trial, are slated to start next week.
Biernat said the court is phasing in trials while protecting the public, attorneys and court staff and officials from COVID-19 contamination. Officials are following the phasedin guidelines by the state Court Administrative Office and state Supreme Court.
“The jury selection process went smoothly in both cases, and numerous safeguards are in place to assure the health and safety of everyone reporting to jury duty,” he said in a news release. “In order to balance our legal duties with the safety of the public, we are doing everything possible to ensure the safety of all prospective jurors.
“The Constitutional right to trial by jury is one of the most fundamental rights on
which our system of justice is based. A free society like ours depends on ensuring that everyone’s rights are respected.”
Servitto conducted the court’s first remote jury selection by Zoom video for a civil trial, which involves fewer jurors than for a criminal trial. Those proceedings involve a 14-person panel and typically an initial jury pool of 60 or more people.
In-person jury selection will be held, but alterations have been made to the process, such as having the jury pool remain in thefirst-floor main jury roomexcept for an initial 14 who are chosen to go a courtroom on a higher floor.
Jurors will be seated in the gallery area of the courtroom, instead of the jury box, andwillbespacedapart with partitions to maintain social distancing. The remaining potential jurorswill watch the proceedings and will be called up to the courtroom as potential jurors are dismissed. Plastic partitions also are strategically placed in the courtroom.
“The jury room and the courtrooms have been configured to ensure that 6 foot separation be maintained at all times, with significantly reduced seating to accommodate social distancing,” Biernat said.
Prospective jurors who reveal they are high risk for COVID-19, are caring for someonewithahigh risk for the virus, have been exposed to the virus, have been diagnosed with the disease, or
are experiencing symptoms associated with COVID-19 will have their service postponed, he added.
Those arriving at the courthouse for jury service must check in at MacombCheckIn.com, and after answering a series of questions, will receive a test message to enter the juror room, Biernat said. For those without a smart phone, they can check in at a first-floor kiosk and ask for assistance from a securityofficer stationed in the lobby.
Before entering the building, everyone must be scanned with a touchless thermometer, the judge said. Noone isallowed toenter the buildingwithout face masks, which can be provided. Hand sanitizer, gloves and disinfectant wipes are also available in the jury roomand in the courtrooms.
Elevator capacity is limited, and any business conducted on any given floor of the building is being limited to ensure adequate spacing.
He said all surfaces in the Courthouse are being cleaned regularly and in accordance with applicable guidelines.
“I want to thank everyone for their understanding and their willingness to ensure that the rule of law is respected in these trying times,” Biernat said.
The rules also apply to division I and II of 42nd District Court in Romeo and New Baltimore.
More information on the phased-in guidelines by Michigan courts can be found at courts.michigan. gov/News-Events/covid19resources/Documents/ReturntoFullCapacityGuide. pdf