York County to resume trials amid COVID-19. That means jury duty. What to expect.
Jury trials are expected to return to York County’s courtrooms In October after the coronavirus pandemic halted trials for six months, officials said.
South Carolina Court Administration officials approved York County’s court safety plan for trials on Wednesday, said David Hamilton, York County Clerk of Court.
Yet the courtroom will look different. Jurors will be spread out from the jury box for social distancing.
At least one criminal trial is expected to be held in October at the Moss Justice Center in York, Hamilton said.
A criminal trial in South Carolina general sessions court requires 12 jurors and trials usually have at least one or two alternate jurors.
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. Eight jurors will sit in the jury box, and four in seats on the courtroom floor, Hamilton said.
Courtroom galleries will also be social distanced and evidence that must be marked will be handled with gloves, Hamilton said.
Masks are required in all South Carolina courthouses, according to a S.C. Supreme Court order issued in July by Chief Justice Donald Beatty.
At the Moss center, 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.
“We have figured out a way to make it safe for everyone and get the important jury trial process started again,” Hamilton said. “We have taken all precautions that we can to ensure safe trials.”
Before coronavirus, hundreds of potential jurors gathered in an assembly room before being picked for trials. Court officials have changed that to socially distance potential jurors during the selection process, Hamilton said.
Juror summons will be sent out in coming weeks, Hamilton said. A health questionnaire asking potential jurors about any exposure to Covid also will be included in mailings, Hamilton said.
In the early days of the pandemic when jury trails were shut down, South Carolina court and law enforcement officials cautioned about scams that had surfaced about phony jury service. Hamilton said only the clerk of court can issue a jury summons.
“Our summons’ are official and come in the mail from the York County Clerk of Court only,” Hamilton said.
Since March, York County has only held basic court hearings without jurors, such as bond hearings for jail cases and some guilty pleas. More than a thousand pending cases in York County have effectively been halted until trials can resume, however. Some defendants have remained jailed for months waiting trials that could not be held because South Carolina halted trials.
The county jail population dropped from around 400 before the pandemic to near 200 during the early stages of the pandemic, sheriff’s office statistics showed. Yet the number of people in jail has risen in recent months and is now close to 350, statistics show.
Gary Lemel, a Rock Hill defense lawyer and former prosecutor, said the right to a trial by jury is fundamental to the American system of a person being presumed innocent and the right to a jury of peers..
“Our Circuit Court judges have done an admirable job of minimizing the number of people who are being held in pretrial custody by setting reasonable bonds while maintaining the safety of the community,” Lemel said. “Even with these efforts, there are still many people being held waiting on their trials and our Supreme Court has made it clear that the system needs to be able to deliver on that right.”
Lemel said he expects defense lawyers to be ready for trials to be held safely.
“I believe the entire defense bar is willing to do our part to ensure that these trials are conducted safely and fairly,”Lemel said. “We expect that our judges will continue to show leadership by requiring that these trials are held in a manner that ensures the lowest possible risk of spreading the virus. Social distancing must be a priority, mask use must be mandatory, and proper screenings must be carried out both for health purposes and to make sure that jurors are not improperly influenced by the precautionary measures taken.”
York and Union counties make up South Carolina’s 16th Judicial Circuit. Chester, Lancaster and Fairfield counties are in the 6th Judicial Circuit.
Lancaster County is hoping to have trials resume in October, said Jeff Hammond Lancaster County Clerk of Court. Court officials in Chester County said trials will likely resume there in late November.
