CHARLESTON – Jury trials can resume in West Virginia as long as courts follow the state Supreme Court’s COVID-19 protocols.
The state Supreme Court provided guidance to judicial officers on the matter June 26. Trials could resume as early as June 29, but it likely will be several days before any will actually take place.
The guidance outlined best practices for judges and circuit clerks to ensure the health and safety of employees, litigants, witnesses, jurors, attorneys and the public.
Armstead
“The Constitution of West Virginia provides that ‘the Courts of this state shall be open’ and that justice shall be administered ‘without delay,’” Chief Justice Tim Armstead said. “Defendants’ rights relating to a trial by their peers must be respected even during a sustained health emergency.
“However, participation in such a trial, whether as a party, attorney, witness or juror, should not endanger anyone’s health. All trial participants will be required to wear masks or face coverings in courtrooms and related facilities. Social distancing will also be strictly enforced. Those with COVID-19 symptoms or those with suspected contact with COVID-19 will not permitted to enter judicial buildings.”
He said vulnerable people, caregivers and those who have traveled recently might be excused from jury duty if called.
“It is up to the clerk and responsible circuit judge to determine the standards for which disqualifications or excuses may be granted,” the Supreme Court states. “Ultimately, it is still the responsibility of the circuit clerk and responsible circuit judge to manage the jury pool appropriately.”
Judges are encouraged to use existing court space when possible, including large historic courtrooms or sharing large courtrooms. If necessary, alternative spaces in the community may be used, subject to certain approvals and orders by county officials. Those include schools, auditoriums, civic centers, colleges or universities if they have appropriate audio and video technology to conduct a trial and can be properly secured.
