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County court moves toward resuming jury trials

MAYVILLE — In-court hearings are being scheduled in Chautauqua County, which could help alleviate a backlog of pending criminal cases largely the result of the prolonged COVID-19 pandemic.

Courts throughout New York state have been given authorization to commence the hearings, and more importantly jury trials, beginning Monday, March 22. It’s not known when the first jury trial could take place locally.

“It is within the discretion of each court to decide when and whether it is safe to proceed with such appearances,” a court clerk said of the preparation needed before a case goes to trial. “Each court needs to coordinate with the other courts operating within the same facility to limit the number of people within the building.

“The Chautauqua County Court has scheduled and will start to hold in-court hearings needed for pending criminal cases. The court has started pre-trial conferences on all cases currently awaiting trial dates.”

Administrators of the New York court system had been working on a plan to resume some functions, including jury trials, this year. With positivity rates from virus testing steadily dipping in recent weeks, Chief Judge Janet DiFiore said reopening of courts hinges on “the continued positive trajectory of the COVID metrics.”

The fact that there are now heightened concerns about variant strains of the coronavirus is making the situation “fluid and changeable,” the chief judge cautioned.

Each county court system was required to submit a criminal jury plan/protocol to resume trials. The county Supreme Court and County Court plan was recently shared with The Post-Journal and OBSERVER, and highlights everything from jury selection to cleaning procedures in the courtroom.

According to the plan, jury assembly will take place in the spacious legislative chambers at the Gerace Office Building in Mayville. Up to 17 prospective jurors will be drawn, and questioning will take place inside the county courtroom nearby.

“Prior to entry into the courthouse each day all jurors, attorneys, and witnesses shall be screened,” the plan states. “Should any juror, attorney, or witness answer yes to questions or screen with a fever greater than 100.1 degrees Fahrenheit, then they shall be directed to return home, the trial judge shall be notified, and the trial shall be further adjourned as necessary.”

All jurors and attorneys will be required to wear a face mask while in the courthouse. Witnesses can request to remove their masks while giving testimony on the stand, but will still be required to wear a clear face shield so jurors can see their face.

A comprehensive cleaning procedure also has been outlined. The witness box will be wiped with disinfectant by court staff between each witness, and the entire courtroom and jury room will be cleaned on a daily basis.

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