Jury trials should resume in May, the Arkansas Supreme Court told circuit judges Wednesday.
“The Supreme Court fully expects jury trials to begin after May 1, 2021,” John Dan Kemp, chief justice, said in a letter to judges. “In preparation for jury panels to report for service, I suggest that you authorize the clerks to pull new jury panels now and notify jurors to report after May 1.”
Kemp urged judges to continue adhering to Arkansas Department of Health guidelines and protocols for covid-19 as jury trials resume and more in-person hearings are held.
Kemp noted jurors are in the Phase 1-B category and eligible for vaccinations. He suggested potential jurors take their summons with them to show proof of eligibility to receive a vaccine.
The Supreme Court suspended in-person proceedings, including jury trials, in all appellate, circuit and district courts in the state March 17 last year. There were some exceptions. The order waived speedy trial rules and other requirements found in the Arkansas Rules of Criminal Procedure until further notice.
Benton County Circuit Judge Brad Karren, who serves as the administrative judge for the county’s circuit judges, said he expects to be ready to go.
“We are going to begin jury trials on May 1st as instructed by Chief Justice Dan Kemp,” Karren said. “We will do so in a safe and efficient manner to ensure justice, but also to ensure safety to the public and all court participants.”
Circuit Judge Robin Green said she has had one trial and is ready for more.
“We are ‘sitting on go’ and have the cases lined up and ready to try,” Green said. “We were able to conduct one jury trial during a brief stay on the moratorium on jury trials, and it went smoothly. We have the precautionary measures in place and are ready.”
Green said although jury trials are on hold they have continued to work hard to resolve felony criminal cases. She said there’s a backlog of cases because of the inability to hold jury trials, but Green said she’s pleased with how many cases have been resolved.
Circuit Judge Mark Lindsay hears the majority of criminal trials in the 4th Judicial District that includes Washington and Madison counties. He said he thinks the letter is putting everyone on notice.
“I think the main thing they wanted circuit courts and the public in general to know is that we anticipate having jury trials again, starting in May, and for any of you jurors who have been called or get called, you’re qualified for a shot now. So, go get your shot,” Lindsay said.
“And, it was kind of a heads up to the judges that anything you need to get done, try to get it done while we’ve got a few weeks left.”
Lindsay said county judges in Washington and Madison counties are working with the circuit judges to get the courtrooms ready to open. He said the primary concern has to be the safety of those involved.
“I know that the Supreme Court of Arkansas and all the circuit judges in Arkansas are not going to have a jury trial without making sure that their jurors, the witnesses, the parties, the lawyers, the court staff, that everybody’s safe,” Lindsay said. “So, this letter is not all that is going to be said. We’ll get further directions on what to do to make sure that happens from the Supreme Court.”
The pandemic-induced delay in state court trials has left defendants and victims and their families in a holding pattern of uncertainty and frustration for the last year while they wait for justice to be served, according to Dana Scott, the victim and witness coordinator at the Washington County Prosecutor’s Office.
Washington County has 19 people awaiting trial on murder charges and 4,000-plus other pending criminal cases to work through, according to Matt Durrett, prosecuting attorney for the 4th Judicial District.
“I’m glad to see it. I think there are plenty of defendants and victims who have been eagerly waiting for their day in court so, this is a good thing,” Durrett said. “The truly good thing, other than getting the system going again, is just the confidence by the highest court in our system that things are getting better and that we’re going to start getting back to normal. Hopefully, before long, we’re going to be up in court every day.”
Durrett said the new normal may well be different from the precovid normal.
“It’s just going to be interesting to see what a trial is going to look like. Is everyone still going to be wearing a mask or what? We don’t know,” Durrett said. “I suspect at some point all the players are going to sit down and have a discussion about what everything’s going to look like, and where we’re going with this. It’s not going to go back, identically, to the way it was before, but it’ll be good to get back to something close to normal.”
Durrett said he will be interested to see what further direction the Supreme Court provides and whether they allow some flexibility for judges who still have some issues to work out. For example, Circuit Judge Joanna Taylor’s courtroom is a tiny space.
“Judge Lindsay’s courtroom is tough enough, but Judge Taylor’s, that courtroom is tight,” Durrett said. “There are going to be some challenges there getting that ready.”
He said there’s also an issue with how many potential jurors are going to be comfortable showing up for jury duty in the current environment.
“We’ll see,” Durrett said. “I think we’re going to have to call more jurors.”
He said his deputies have worked their cases for the past year just like they were going to trial.
“I’m ready to get clearance to come on in and get things going again,” Durrett said. He said he is glad the jury summons will explain that jurors are eligible to get vaccinated.
“Hopefully, you won’t have too many people showing up that are not vaccinated,” Durrett said. “Obviously, it isn’t total immunity but, if nothing else, it will cut down on the anxiety.”
Ron Wood can be reached by email at [email protected] or on Twitter @NWARDW.
Other courts
Federal judges have not said when their courts will resume trials.
Federal courts in the Western District of Arkansas, which includes the western half of the state, cited the covid-19 pandemic on March 16, 2020 in postponing until further notice all criminal and civil trials until at least the end of this month or early April as well as grand jury proceedings, petty offense proceedings and naturalization ceremonies.
Source: Staff reports