Thurston County courts delay trials, escalate response to coronavirus outbreak
Thurston County Superior and District courts escalated their response to the COVID-19 pandemic in emergency orders filed this week, with both courts delaying jury trials. Other local courts have taken similar steps as the system attempts to balance law and justice with public safety.
“We are encouraging people to practice social distancing and to only bring emergent issues forward,” Superior Court Administrator Pam Hartman Beyer told The Olympian. “But, we still need to hear our constitutional and statutorily required calendars, as outlined by the emergency orders” issued by the court.
Jury trials at the Superior Court are suspended through May 15, or until further notice, along with most trials involving adults, according to its new emergency order filed Tuesday. Trials for juvenile offenders in-custody will go on, as will Involuntary Treatment Act bench trials, which are conducted by judges.
The Superior Court is also suspending most appearances and will “minimize unnecessary appearances and encourage social distancing,” for appearances that do continue, such as arraignment hearings.
The trial of Bryan M. Owens, who is accused of fatally shooting a man who was panhandling outside McDonald’s near Grand Mound in September, which was ongoing at the time the order was filed, is proceeding with social distancing measures in place.
Most Family and Juvenile Court issues will be heard telephonically and are limited to issues that are emergent or time-sensitive. Civil issues will be similarly limited.
Judges and court administrators are meeting daily in an effort to keep up with advice from Thurston County Public Health and the CDC and putting plans in place as necessary, Hartman Beyer told The Olympian.
Up-to-date Superior Court information is available on the court’s website: https://www.thurstoncountywa.gov/sc/Pages/default.aspx.
In its latest emergency order, Thurston County District Court, which serves the county along with Lacey, Rainier, and Tumwater, notes that it serves more than 150 people per day who come with family, friends and attorneys to a small lobby and courtrooms that hold 40 people, “making appropriate social distancing impossible to maintain.”
Gov. Jay Inslee recently restricted gatherings statewide to fewer than 50 people, and the U.S. Centers for Disease Control and Prevention currently recommends limiting gatherings to 10 people or fewer.
The district court is delaying all jury trials and infraction proceedings pending further order and limiting other in-person court appearances. People in the courthouse building are required to follow social-distancing recommendations by staying at least 6 feet from one another.
Anyone who feels sick is asked to stay out of the courthouse.
Further questions can be answered by the court at 360-786-5450 or by visiting the court’s website at https://www.co.thurston.wa.us/distcrt/.
Olympia and Yelm municipal courts also have taken steps to limit social interaction at courthouses.
Tuesday, defense attorneys across Washington State requested Chief Justice Debra Stephens of the Washington State Supreme Court take sweeping, consistent action statewide to protect court-goers and staff.
As it stands, courts are making their own rules.
“It is clear that the public, courts, and attorneys need a streamlined, simplified order in place to supersede the orders of the local courts, so as to effectuate Gov. Inslee’s proclamations and follow the CDC recommendations, as well as provide clear directives to the public about their access to our courts,” the letter to Chief Justice Stephens reads.
The proposed order from the Washington Association of Criminal Defense Lawyers and Washington Defender Association, in addition to actions reducing social contact in courts, includes a streamlined process for courts to reconsider release decisions and prioritize sentencing of defendants who could be released from county jails.
There’s potential for COVID-19 outbreaks at jails, along with staff shortages, the letter reads, and many defendants fall within vulnerable populations.
Crowding issues at Thurston County’s jail are well-documented. And, minimum- and medium-custody inmates are housed in 68-bed, open-concept dormitories.
Thurston County Prosecuting Attorney Jon Tunheim told The Olympian Wednesday that his office has agreed to meet with county Public Defense to go through the county jail roster, to identify people who may be eligible for a release option.
He also said his office is keeping “a close eye on the jail population” to make sure it’s not significantly increasing.
“At the end of the day, we’re still going to be doing everything we can to ensure public safety,” Tunheim said. “That is always going to be our first priority.”
Amy Muth, Chair of the WACDL/WDA COVID-19 Taskforce, told The Olympian Wednesday that “collaborative efforts between prosecutors and defense attorneys are underway to come up with a joint solution to the emergent and pressing issues related to courtroom closure and the custodial status of vulnerable, pretrial detainees in the face of the COVID-19 crisis.”
Criminal defense attorneys and prosecutors collaborated to submit an agreed proposed order to the state Supreme Court Wednesday.
This story was originally published March 18, 2020 at 12:32 PM.
.jpg)