AUGUSTA, Georgia – The pandemic has caused unprecedented changes in the judicial systems in the two states’ region, as most personal procedures, such as jury trials, remain on hold. This worried some lawyers and judges.
In Georgia
On Sunday, Georgia’s chief justice, Harold D. Melton, extended the statewide judicial emergency for another month due to the COVID-19 pandemic.
Under state law, the Chief Justice is authorized to declare an emergency for 30 straight days, and Sunday’s order is almost identical to the last extension order he signed on January 8.
He continues to suspend jury trials, but signals that they can be resumed next month, noting that “the increase in COVID-19 cases that led to the suspension of jury trials now appears to be decreasing.
Assuming that conditions generally continue to improve, the next March 9 extension request is expected to authorize the state and higher courts, at their discretion, to resume jury trials as local conditions permit, ”says the order.
“We have never closed the courts since the start of this emergency,” said Melton. “However, as we compel people to appear in court and due to the large number of people required for jury trials, we soon suspended jury trials and most grand jury proceedings. Since then, our courts across the state have been working hard to put plans in place for their resumption in line with the public health guidelines and guidelines of the Judicial Task Force COVID-19 to safeguard the health and safety of everyone involved. “
Based in Augusta Judge Wade Padgett testified last month to Georgia lawmakers that the state could take up to three years to get rid of the backlog of jury trials. delayed due to the coronavirus pandemic. Getting out of the backlog will keep the justice system busy, and Padgett was there with Melton to ask lawmakers for more money.
In south carolina
The jury’s trials also remain suspended in South Carolina, by order of the state Supreme Court.
However, the continuing delay has worried some lawyers about what it will mean for their clients who crave justice and closure.
“They are forced to live with it hanging over their heads, causing them all kinds of worry and stress,” said attorney Mark Bringardner. “They don’t know what the result will be and they don’t even know when there will be a result.”
The pandemic has left many people in limbo within the state’s judicial system, and Bringardner fears it has given an advantage to some.
“Closing courts due to the COVID-19 pandemic has provided some assistance to certain parties who are encouraged not to settle their cases for one reason or another. They are more than happy to use the COVID excuse of not actively participating in a case. ”Bringardner said. “If a party has no desire to meet and no deadline to meet, it can serve its interests, if that is its goal.
Others fear that the suspension has increased the number of cases pending in the judicial system.
“There has already been a huge backlog of orders. I don’t think it has been brought to public attention so far, ”said criminal reform advocate Allie Menegakis. “Before COVID, the average waiting time for a jury trial was more than two years and sometimes it took more than a month for a bail motion to be reconsidered or for something to be published.”
Menegakis is the founder of SC4CJR, a non-profit organization that works to promote holistic criminal justice reform. She said the pandemic exposed some of the critical flaws that already existed in South Carolina courts.
“Here, we have no time limit whatsoever, so there is no requirement for the state to bring a case to trial within any timeframe,” said Menegakis. “I think it really affects the human dignity of defendants … and it affects everyone involved, including family members and the alleged victims in those cases.”
All you can do now is wait until the South Carolina Supreme Court withdraws your order.
The latest version of the order came from the president of the state court in January.
“I think that since March 2020, the COVID-19 pandemic has demanded unprecedented changes in ordinary judicial operations across the state. These changes have affected not only judges, lawyers and court officials, but also those who go to court, ”said SC Supreme Court President Donald Beatty.
“In addition, I believe that, in light of the continuing increase in COVID-19 cases across South Carolina, and the expectation of the medical community and experts that the number of positive cases will continue to increase in the near future, it is prudent to further once making changes to the operations of the circuit, family, inventory and master-in-equity courts for the protection of those who work within the courts, as well as those who use the courts, ”said Beatty. “Based on the foregoing, all presential cases across the state beginning on or after January 11, 2021 are suspended until further notice from the Chief Justice.
The suspension does not mean that the courts are closed.
Some are using virtual technology to still do some business and there are exceptions to the suspension for things like securities hearings and other emergency matters.
From the WRDW / WAGT and WCSC reports