LIHU‘E — The Fifth Circuit and District courts continue to prepare to conduct jury trials for the first time since state Supreme Court Chief Justice Mark E. Recktenwald ordered all trials statewide postponed on March 16, as a response to Gov. David Ige’s declaration of a state of emergency due to the public-health threat posed by COVID-19.
Since then, there have been no jury trials conducted, and several cases continued with stipulations.
Initially, the Fifth Circuit was prepared to resume jury trials on Nov. 16, however, to date, no jury trials have been held for various reasons, including cases being continued with the agreement of the defendants and cases being resolved prior to the trial, including plea agreements.
According to Judiciary Communications Director Jan M. Kagehiro, the Fifth Circuit is ready to resume jury trials. However, Kagehiro didn’t specify when that will happen.
“The Fifth Circuit Court is ready to resume jury trials, and will do so with the health and safety of all jurors, witnesses, defendants, attorneys and court staff,” Kagehiro said. “The public is its top priority.”
In some cases, defendants chose to resolve their cases before trial, some taking plea agreements.
Kaua‘i Prosecuting Attorney Justin Kollar said he feels resuming jury trials is critical to the justice system.
“Resuming jury trials is an important step in ensuring that the justice system can do its job of protecting the community,” Kollar said. “It also protects the rights of the accused.”
Safety first
With the pandemic raging, the courts continue to adapt to COVID-19 safety protocols.
“The Kaua‘i courts have made significant adjustments with how jury trials will be conducted,” Kagehiro said. “This will ensure the safety of our jurors, the parties and court staff.”
Among the biggest changes made were measures taken by the front-line security staff. Everyone who now enters the courtroom must go through a health-screening and assessment process. All visitors entering the courthouse must answer a series of basic security questions and pass a temperature check before they enter. This will continue as jury trials resume.
When jury trials resume, jurors will be seated throughout the compact courtrooms to ensure social distancing. Prior to COVID-19, jurors were allowed only in the jury box.
The courts will also be going through regular sanitizing throughout the day.
The staff will use electrostatic sprayers to disinfect courtrooms. The high-traffic areas in other parts of the courthouse will be disinfected once every four hours.
“All other circuits have already conducted jury trials,” Kagehiro said. “We will continue to do so, taking all necessary health and safety precautions.”
Zooming into the future
Another major change as a result of the pandemic is the use of teleconference applications such as Zoom.
While many of these teleconference applications have been around since the mid-2000s, it wasn’t until the pandemic happened that many court systems were forced to utilize these technologies extensively.
“For many court hearings, remote appearances by videoconference is a useful tool,” Kollar said. “I believe this will be part of the ‘new normal.’ We believe the Judiciary has implemented reasonable safeguards intended to protect the public, attorneys and court staff, while allowing individuals to exercise their right to a speedy and public trial.”
•••
Jason Blasco, reporter, can be reached at 245-0437 or jblasco@thegardenisland.com.
This story was updated with a clarification: According to Jan Kagehiro, Communications & Community Relations Director, “The Fifth Circuit was prepared to resume jury trials on Nov. 16, however, to date, no jury trials have been held for various reasons, including cases being continued with the agreement of the defendants and cases being resolved prior to the trial, including plea agreements.”
