The sharp increase in coronavirus cases is again challenging California鈥檚 courts, with judges releasing plans this week to scale back some courtroom procedures as the state experiences the largest spike in COVID-19 since January 2021.
In a d茅j脿 vu moment that , some courtrooms are halting jury trials, moving some courtroom proceedings online and pushing back their calendars. Even so, some smaller counties that are experiencing the worst of the COVID-19 surge
are doubling down on masks but aren鈥檛 ready to make drastic changes or temporarily send jurors home.
鈥淭he decision here is between access to justice and public safety,鈥� said David A. Carrillo, executive director of the California Constitution Center.
Los Angeles County, the state鈥檚 largest,and delayed by two weeks a deadline to begin criminal jury trials. Sacramento County has lightened calendars and increased distancing requirements.
Some counties are going further. and counties are suspending some new jury trials for civil and criminal cases.
John M. Monterosso, presiding judge of Riverside County Superior Court, told CalMatters it was becoming impossible to continue jury trials as COVID-19 cases broke out among judicial officers, court staff, lawyers, litigants and jurors.
鈥淲e鈥檙e not dispensing with process, we鈥檙e not dispensing with justice,鈥� he said. 鈥淚t just may be slowed down a little bit.
鈥淗aving to stop last year at this time when last year鈥檚 winter surge occurred was really disheartening, and it鈥檚 just as disheartening鈥ore so now because we thought we were out of this thing,鈥� Monterosso said.
Still, some courtrooms are reluctant to halt jury trials, even in places with high hospitalization rates.
Imperial County has the state鈥檚 highest rate of hospitalized patients with COVID-19, according to aSo far, the county of nearly 180,000 residents has not altered its courtroom procedures, beyond requiring everyone to wear a mask.
In an email response, the executive officer for the county鈥檚 courts said they are complying with public health mandates and guidelines. "Ensuring equal access to justice for all community members is at the forefront of the court鈥檚 mission,鈥� said executive officer Maria Rhinehart. 鈥淲e are actively having internal discussions.鈥�
California courts suspended jury trials and extended deadlines during the beginning of the pandemic in 2020. Many did so again in the winter of 2020 and 2021, during that surge. The changes delayed many in-person proceedings, backlogged the systems and .
Gov. Gavin Newsom gave in this year鈥檚 budget to help courtrooms reduce the logjams.
Since California no longer has an emergency order in place, which mandated that courts take certain actions, the presiding judges of each county are creating their own rules about how to balance justice and public health.
鈥淵ou鈥檙e presented with three bad choices, either not doing them (jury trials) at all, you do them remotely or you roll the dice and do jury trials in person,鈥� Carrillo said.
The contagious Omicron variant of the coronavirus has quickly spread throughout California, causing more than 140,000 new COVID-cases 鈥� the highest number since the pandemic began. The variant has presented a challenge for courtrooms as more people test positive, which several courts cited when announcing changes this week to their policies.
鈥淲e have seen a similar uptick in positive cases in Sacramento County, and here at our own Court, with cases quadrupling,鈥� said Presiding Judge Michael G. Bowman, in .
California鈥檚 courtrooms are not alone in their disparate approaches to how to conduct judicial business. Federal courtrooms in California are also making varying changes amid the spike.
The and U.S. District Courts of California recently suspended all jury trials. The and Districts have not announced any jury trial changes.
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