Courts plan for post-pandemic operations

Virginia court officials are taking initial, deliberate steps towards resuming jury trials and returning to some semblance of normal operation, even while the judicial emergency now extends to Aug. 9 and some courts have had to close their doors for disinfection in response to COVID-19 cases.

Local courts are submitting plans for restarting jury trials to the Supreme Court of Virginia, which will use three-justice panels to consider the proposals. Some lawyers question whether they would be willing to try a jury case anytime soon, even with universal mask-wearing and other precautions.

Behind the scenes, the high court has urged that court staffers keep masks on at all times, even away from the public. In a June 30 memo to judges and clerks, Supreme Court Executive Secretary Karl Hade said five courts had reported possible COVID-19 exposure.

However, cases may start moving faster, with or without juries. The Supreme Court has ordered an end to tolling of most statutes of limitation and other case-related deadlines, effective July 20.

Local courts affected

The pandemic hit hard at the Buchanan County courthouse in Grundy. Two staffers in the commonwealth’s attorney’s office tested positive, according to local attorney Thomas R. Scott Jr. Since the prosecutors’ office is in the courthouse, the building was closed entirely beginning July 1. It was scheduled to remain closed through July 13, according to a July 6 order entered by Circuit Judge Patrick R. Johnson.

Other courts affected by positive COVID tests were Chesapeake Juvenile and Domestic Relations, and the Sussex County Combined District Court, according to the Supreme Court.

Earlier, a judge reported that Charles City County courts were closed for a period for cleaning due to a COVID-19 issue.

“There have been other courts that have briefly closed, but we have not maintained a list,” said a Supreme Court spokesperson July 7.

Keeping up with multiple court schedules is not always easy. The Supreme Court occasionally posts lists of local court closings on the main page of Virginia’s Judicial System, but the lists often do not indicate the reasons for closings.

Some courts submit their COVID-related orders and other information for posting on a now-63-page list of “COVID-19 Appellate and Local Court Information” accessible from the main webpage.

The courts have a procedure for responding to a positive test.

“If a case of COVID arises in a court employee or someone who frequents the courthouse, areas where the affected person was physically present during the two-weeks prior to testing positive is identified; persons who have been in contact with the affected person are identified and notified, as are others who work in the same building; and a thorough cleaning/sanitizing is performed,” said the Supreme Court spokesperson.

Masks not universal

Hade’s June 30 memo said his office was getting reports that staffers were dropping their guards in some courthouse back offices, even while “stringent safety protocols” were being used in open court.

In the courtrooms, everyone was masked, Plexiglas shields protected clerks and judges and people kept a safe distance from one another, the reports said.

“However, face coverings reportedly are not always being worn in the clerks’ offices or other areas within the court where social distancing is not possible,” Hade said, pointing out five recent reports of exposure.

“As courts begin to return to their routine operation, those numbers will very likely increase,” Hade said, emphasizing his call for all employees to wear masks or face coverings.

In Buchanan County, about half the lawyers have been wearing masks in court, Scott reported from observations before officials closed the courthouse in Grundy.

Tazewell County attorney Robert M. Galumbeck, 69, said he sees about a third of courthouse participants wearing masks. He said some have donned masks just for him, because of health concerns.

“You’re less likely to see it among young people,” Galumbeck said.

At a recent bench trial in a Smyth County divorce, Galumbeck reported the deputies and participants all wore masks, while witnesses were permitted to take off their masks while testifying. Participants were arranged in the courtroom to maintain social distancing.

Most judges do not wear masks, lawyers reported, but Galumbeck said he’s seen judges put on masks when others are nearby in the courtroom.

“I think everybody’s being pretty conscientious,” he said.

In Pittsylvania County Circuit Court, Judge Stacey W. Moreau prefers that everyone wear masks, including the lawyers, according to Danville attorney Mark B. Holland. Danville judges are not always as stringent, Holland added.

Holland said he argued one case without a mask, but the courtroom was essentially empty and he and Judge Joseph W. Milam Jr. were forty feet apart, he said.

Wise County Circuit Court Clerk Jack Kennedy said judges in the 30^th circuit were preparing their jury-restart plan. The staff was already wearing masks and disinfecting surfaces. Even grand jurors were required to keep masks on, Kennedy said.

“I’m sure we will step up the effort even more, coming off the plan we adopt,” he said.

Lawyers wary of juries

The lawyers we spoke to were reluctant to do jury trials anytime soon.

“I have reservations,” Scott said. He said any one forced to spend a day in a courtroom with a dozen other people would have a hard time setting aside worry about virus exposure.

“It’s got to be a significant distraction with that in play,” Scott said. “I would prefer not to try.”

Galumbeck said he would object to a jury trial with everyone wearing masks.

“I’m not going to do voir dire where I can’t see their expressions,” he said.

Holland reported Danville Circuit Court was now setting dates for civil jury trials in 2021.

Tolling period set

The Supreme Court’s seventh COVID Order issued July 8 set an end to the tolling period for statutes of limitations and most case deadlines.

Except for Speedy Trial deadlines, “beginning on July 20, 2020, for cases in the district and circuit courts, there shall be no further tolling of statutes of limitation or other case-related deadlines,” the order said.

Similarly, as of July 20, there shall be no further tolling of Supreme Court appellate filing deadlines, the order said. Court of Appeals deadlines for filing in circuit court are no longer tolled, the court said.

The Judicial Emergency tolling period is limited to March 16 through July 19, the order said.

“This period of tolling shall not be counted for purposes of determining statutes of limitation or other case-related deadlines,” the court said.

“If, for example, the circuit court entered final judgment on March 10, 2020, six days before the Judicial Emergency was declared, then the total number of days of the tolling period resulting from the Judicial Emergency shall not count toward the 90-day deadline for filing the petition for appeal under Rule 5:17(a)(1), and this deadline would be extended for a period of 84 days after the tolling period ends on July 20, 2020,” the order said.

Editor’s Note: This story previously identified Lee County General District Court as among those courts affected by positive COVID-19 tests, based on information provided by the Supreme Court of Virginia. However, according to the chief judge of the Lee County General District Court, the court has had no positive tests among court staff, including the clerk’s office.