Miami Herald

‘I didn’t have any suits that fit.’ After shutdown due to COVID-19, criminal court reopens

- BY DAVID OVALLE dovalle@miamiheral­d.com David Ovalle: 305-376-3379, @davidovall­e305

After more than 15 months largely closed because of the pandemic, Miami-Dade’s criminal courthouse reopened to the public on Monday — and it felt oddly normal, if anti-climactic.

There was little waiting in line as defendants, court workers and lawyers breezed through the security checkpoint at the Richard E. Gerstein Justice Building. Parking was ample. The gleaming new River Landing Shops & Residences center, which was still under constructi­on when the world shut down in March 2020, was now open next door.

“It’s business as usual,” said Miami defense lawyer Jean-Michel D’Escoubet, who drove down for five routine hearings. “It’s like riding a bike.”

But that didn’t mean the threat of COVID-19 didn’t loom over the courthouse.

A majority of people still wore masks, some colorcoord­inated with their suits. The county and traffic courts — which before accounted for a huge chunk of people clogging the cramped building — were still closed to in-person hearings. Many defendants in the felony divisions still appeared on Zoom, on a judge’s computer screen, even though lawyers and other observers were still in the courtroom.

Suits were dusted off, or in some cases not, thanks to pandemic weight gain.

“I didn’t have any suits that fit,” said Miami defense lawyer Arnold Trevilla. “I had to come in jeans and a blazer.”

Courts across MiamiDade County reopened Monday morning, 471 days after the Florida Supreme Court suspended jury trials and largely shut down facilities because of the pandemic. No masks or social distancing were required.

The shutdown of the courts has led to a massive backlog of cases in civil and criminal court in Florida’s most populous county.

As with many other states, Florida courts contracted with the remote video service Zoom to hold virtual hearings, which helped keep most routine criminal hearings — such as those over bonds, scheduling and plea deals — going, despite inevitable technical glitches, frequent gaffes and the slow pace of the proceeding­s.

Some jury trials in Miami-Dade civil and criminal courts began in March, albeit with no courtrooms open to the public, and with witnesses and jurors wearing masks.

In early June, as COVID cases across the country plummeted amid widespread vaccinatio­ns, the Florida Supreme Court lifted mandatory mask and social distancing restrictio­ns and allowed courts to reopen. Two weeks later, Miami-Dade announced that Monday, June 28, would mark the return of in-person hearings.

In Miami-Dade, over 54 percent of the population, or 1.47 million people, is fully vaccinated, according to federal statistics.

“I’m vaccinated, ready to stretch my legs and get going,” said Miami defense lawyer David Molansky, who wore no mask as he walked into the building Monday morning.

The lack of crowds was not unintended. Prospectiv­e jurors, for example, were screened in advance. On Monday, 175 reported to the Gerstein building — compared to, for example, 363 from one day in February 2020.

Monday morning’s action in court was mostly routine. Miami-Dade Circuit Judge Richard Hersch took some plea deals and checked on the status of a slew of probation-violation cases. Correction­s officers were about a half an hour late bringing in masked defendants in orange jumpsuits from the jails.

“It’s going to take longer to get through this calendar than I thought,” Hersch told lawyers in his court.

Not everyone was thrilled to be back.

Defense lawyer Bob Barrar wore two masks and declined to shake hands with anyone. At 67, he’s still worried about his health.

“Everything should be remote except trials,” Barrar said. “Bringing people back for [status hearings] is ridiculous.”

Still, Monday morning had an air of giddiness for many lawyers and staffers who have only seen each other on computer screens. Many hugged or excitedly shook hands. Others chatted about their experience­s working from home, juggling Zoom hearings and child care.

“I’m like a kid on the first day of school,” said Assistant Public Defender Damaris Del Valle.

‘‘TUESDAY

IT’S BUSINESS AS USUAL. IT’S LIKE RIDING A BIKE. Defense lawyer Jean-Michel D’Escoubet

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