The Mercury (Pottstown, PA)

Jury duty, trials suspended in Montco as coronaviru­s precaution

- By Carl Hessler Jr. chessler@21st-centurymed­ia. com @montcocour­tnews on Twitter

NORRISTOWN » Jury duty in Montgomery County and all criminal and civil jury trials have been suspended for two weeks in order to adhere to health officials’ recommenda­tions for social distancing practices as a precaution during the coronaviru­s outbreak in the county.

President Judge Thomas M. DelRicci announced the measures on Thursday as part of revised immediate changes to court and jury operations as part of the county’s public health emergency response to COVID-19.

“The message I want to make clear is that the courts are open for business. We’re just limiting our business to allow for the minimizing of exposure while delivering essential justice,” DelRicci said during an interview.

All criminal pretrial conference and trial list proceeding­s, which also require large gatherings of defendants and lawyers in one courtroom, have also been suspended through and including March 27.

All non-essential juvenile court proceeding­s also will be eliminated for the two-week period. However, essential proceeding­s, such as emergency shelter hearings and any hearings that involve detained children, will be handled, the judge said.

Hearings for those accepted into the county’s Accelerate­d Rehabilita­tive Dispositio­n program for first-time offenders will continue but will be handled in smaller groups.

“The courts are still open for business, that’s important for people to know,” DelRicci stressed. “For people who need immediate relief we’re going to be open for business to handle those items.

“So, if a PFA (protection from abuse order) is needed we’re here and those will be addressed,” said DelRicci, adding PFA hearings will be held. “We will be here to accept those petitions and handle them as we do every other day.”

The courthouse will remain open for lawyers and the public to file court documents.

“Our judges will be here and our staff will be here,” DelRicci said.

The emergency changes come as state and county officials announced Montgomery County has 13 presumptiv­e positive cases of coronaviru­s, the most recorded in the state. As of 5 p.m. Thursday state officials announced 20 presumptiv­e positive and two confirmed cases of coronaviru­s for a total of 22 cases statewide.

“These plans are fluid,” said DelRicci, pointing out new court procedures initially were implemente­d on Wednesday but were then revised on Thursday given changes in the nature of the coronaviru­s outbreak in the county. “We may have to look at this again. In fact we fully expect to look at this again. We’re certainly going to look at it two weeks from now. But we may have to look at it sooner.

“Again, to the extent that it is necessary to protect the public while doing what the courts are required to do, we will take the appropriat­e actions,” DelRicci added. “We continue to monitor the situation and continue to consult with the county commission­ers and the board of health. Their input helps determine what we do.”

Because Montgomery County has had a rapid growth in its number of COVID19 cases, Gov. Tom Wolf on Thursday ordered the closure of all schools, day cares, community centers, gyms, and entertainm­ent venues in the county.

On Thursday, DelRicci applied to the Pennsylvan­ia Supreme Court for “an emergency judicial order” for permission to implement the court-related changes. Chief Justice Thomas G. Saylor signed an order declaring a judicial emergency in the 38th Judicial District, which is Montgomery County.

“That’s the methodolog­y that gives the court the authority to take certain actions that would allow the continuati­on of the administra­tion of necessary court proceeding­s and to take other actions that may alter or suspend what are normal court procedures,” DelRicci explained.

“To that end, we are now formulatin­g procedures which will coincide with the county’s desire to limit large public gatherings and the unnecessar­y assembly of people,” DelRicci added.

DelRicci said whenever cases are delayed there is a concern.

“But our judges will do what they always do. We will rise to the occasion after the emergency passes and handle these matters in a most expeditiou­s way,” said DelRicci, who praised the cooperatio­n of the district attorney and the public defender offices during the emergency.

“The court is also very concerned with the rights of the defendants for speedy trial and to the extent that that concern is raised to us, where a defendant wants to have a speedy trial, we’ll address it,” DelRicci added.

“The message I want to make clear is that the courts are open for business. We’re just limiting our business to allow for the minimizing of exposure while delivering essential justice.” - Montgomery County President Judge Thomas M. DelRicci

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