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COVID halted trials in York County resume Monday. Your call for jury duty is real.

The first jury trial in more than a year since the COVID-19 pandemic began is set for Monday in York County.

That means jury duty is back.

And yes, anybody in the Moss Justice Center courthouse will still have to wear a mask.

Even though South Carolina no longer has mask requirements, the S.C. Supreme Court still has a court order requiring masks for all persons in the building, said David Hamilton, York County Clerk of Court.

“The order still stands that everyone who comes inside wear a mask and have their temperature checked,” Hamilton said. “That means jurors and everybody else in the courtrooms too.”

COVID halted trials for 13 months

York County tried to have trials in late 2020 but a criminal trial was halted when a juror had COVID. A civil case never got past jury qualification because there were not enough jurors in the pool, Hamilton said.

Around 300 juror summons went out in the mail over the past two weeks, Hamilton said

“We are planning right now to have criminal trials starting on April 5, with civil trials to follow later in the month,” Hamilton said.

The witness stand in a courtroom at the Moss Justice Center in York County now has a plastic shield because of the COVID-19 pandemic to maintain social distancing.
The witness stand in a courtroom at the Moss Justice Center in York County now has a plastic shield because of the COVID-19 pandemic to maintain social distancing. York County Clerk of Court

Jury trial is a right, not a privilege

A person accused of a crime in South Carolina has a right to a jury trial, according to the S.C. Constitution. A criminal trial in South Carolina general sessions court requires 12 jurors and trials usually have at least one or two alternate jurors.

Since March 2020, York County has held only basic court hearings, such as bond hearings for jail cases and guilty pleas, without jurors.

Over a thousand pending cases in York County have been on hold. Additionally, hundreds more cases have been added in the past year, court and police records show. Some defendants who want trial and have been denied bail have waited a year or more.

“It is important that people who are accused have all their rights, including the right to a jury trial,” said B.J Barrowclough, 16th Circuit Public Defender. “We are working to make sure people’s rights are protected while ensuring that trials can be done safely.”

Leslie Robinson, spokesperson for the 16th Circuit Solicitor’s Office, which prosecutes York County criminal cases, said lawyers are prepared for trials to resume.

Safety and security

Jurors will not be seated next to each other in the jury box, as was done before the pandemic, Hamilton said. There will be empty spaces between juror chairs, Hamilton said.

Courtroom galleries also will be social distanced.

York County Sheriff’s Office deputies handle security at the entrance, including ensuring that all who enter wear a mask. Constables who work for the clerk’s office will continue to check temperatures as people arrive at the courthouse, Hamilton said.

This story was originally published April 1, 2021 at 1:32 PM.

Andrew Dys
The Herald
Andrew Dys covers breaking news and public safety for The Herald, where he has been a reporter and columnist since 2000. He has won 51 South Carolina Press Association awards for his coverage of crime, race, justice, and people. He is author of the book “Slice of Dys” and his work is in the U.S. Library of Congress.
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