By Patrick Mcardle
Staff Writer
Criminal jury trials are set to resume in Vermont for the first time since March, starting in Windham County in December, according to a prepared statement released by the Vermont Judiciary.
A day of drawing juries is scheduled for Dec. 7 in Windham County, the first since the Vermont Judiciary declared a state of emergency in March as part of an effort to slow the spread of the novel coronavirus and COVID-19.
Trials, in criminal and civil court, were suspended in March because of the risks associated in bringing together the groups of people, including juries and court staff, needed for the judicial proceedings.
The plan to resume criminal trials was announced in July, but even then, the plan was tentative as many courthouses in the state had to make facility changes in order for the trials to resume safely.
Karen Carroll, associate justice of the Vermont Supreme Court and co-chairwoman of a committee formed to restart jury trials safely, said one of the concerns was that each courthouse have an air-handling system that was sufficient, especially with winter coming.
“We started having evaluations done of some of the buildings, and Windham ended up being one that could be safely designated to hold a trial not only as far as the air-handling system goes but layout and size of the courthouse itself,” she said.
The plan to resume trials was developed with the input of a committee, Carroll led along with co-chairman Harold Eaton Jr., also an associate justice on the Vermont Supreme Court, along with other judicial officers, a court manager, state’s attorneys, a civil practitioner and a public defender.
Carroll said Windham was chosen as the first to resume trials not because of a specific trial but because of the state of its courthouse. The first trial to take place there hasn’t been finalized.
Other courthouses may be permitted to resume trials based on a plan that will be submitted to Vermont Judiciary leaders. The “restart plan” will explain the logistics of running a trial safely.
“After Windham, the counties are on an even footing as far as getting their plans in and having them reviewed,” Carroll said.
Members of the judiciary will observe what happens in Windham as it leads the way in resuming trials, Carroll added.
“We’re all really looking forward to seeing how this trial progresses and what we can learn from it while we take into consideration the plans of the other counties and how to roll out the trials statewide when we reach that point. I think it will be a wonderful learning experience for all of us,” she said.
The statement said Vermonters who receive a jury summons should be confident the courthouse will only host a jury draw if that building is determined to be safe.
Social distancing and masking will be required of everyone in the building. The courtrooms will be sanitized daily and hand sanitizer will be available for jurors and others in the building.
Carroll said she expects some creativity and nontraditional placement in the courtroom. For instance, the traditional jury box where 12 people sit together in close proximity to watch the trial will need to be amended.
“Things may look a little different,” Carroll said.
The state’s court staff have already been directed not to allow anyone who refuses to wear a mask to enter.
Carroll said she was not concerned about people who might use that requirement as a way to avoid jury duty by refusing to observe the health and safety precautions.
“I have confidence that we have citizens in this state who will step up and do their duty despite the difficult times and be jurors in what are going to be very, very important trials,” she said.
Civil trials in Vermont will not resume until next year.
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