The Union Democrat

Superior Court will postpone some hearings,

- By GIUSEPPE RICAPITO Contact Giuseppe Ricapito at gricapito@ uniondemoc­rat.net or (209) 588-4526.

The Tuolumne County Superior Court plans to postpone misdemeano­r jury trials and all preliminar­y hearings until next year for defendants who have waived their right to a speedy resolution in their cases.

A news release from the court on Friday said all misdemeano­r jury trials between Nov. 30 and Dec. 31 with time waived will be continued.

The Sixth Amendment of the United States ensures an American's right to a speedy trial.

For misdemeano­r cases, the trial must be set within either 30 or 45 days depending on the custody status of the defendant.

There are no trials set between Nov. 30 and Dec. 31 without a time waiver at this time, the press release stated. When the matters are called, the calendar manager at the court will reschedule hearings.

Witnesses for those trials should consider themselves released from those previous dates, the release stated.

All felony preliminar­y hearings, which determines if there is enough evidence to bring a case to trial, will also be postponed into the new year.

Felony cases also have the right to a speedy preliminar­y hearing following an arraignmen­t.

The court said courtroom staff will work with attorneys to reschedule the hearings. Matters without a time waiver will proceed.

Additional reductions may be made after January 2021.

In the press release, the court acknowledg­ed they received questions about their plan to reduce services and operations through the remainder of the year.

The press release is credited to Hector Gonzale, Jr., the court executive officer of the Tuolumne County Superior Court.

The press release does not specify a specific reason for the postponeme­nt, though it follows in the wake of an unpreceden­ted and countywide COVID-19 outbreak. Cases were reported among staff at the historic Tuolumne County Courthouse on Yaney Avenue, though the extent and severity of those cases were disputed.

The state has mandated specific safety precaution­s and procedural alteration­s to court business to ensure social distancing during proceeding­s.

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