There are statutory deadlines for criminal defendants to make a first appearance before a judge, to have a hearing where they can contest evidence and to go on trial before a jury of their peers.
Defendants, family members, attorneys and others crowd the hallways ahead of mass calendar blocks and are forced to sit shoulder-to-shoulder inside.
Private attorneys, self-represented litigants, bail bond agents and reporters rely on shared court administration computers and county law libraries to access public records and databases that are not easily accessible outside courthouse walls.
All of which the courts must grapple with while trying to take unprecedented steps to mitigate the COVID-19 virus that has already forced the closure of many other public buildings and private businesses.
"Everybody's in; everybody's working hard," 6th Judicial District Chief Judge Sally Tarnowski said Monday of Northeastern Minnesota's courthouses. "We're working on (information technology) solutions to help us try to do as many things remotely as we can. There are certain hearings that are absolute priorities that involve people's liberty and public safety, so regardless of what happens down the road, we're here to ensure that public confidence in our branch is continued."
Having already postponed many cases considered to be lower priority, it remains to be seen how the courts will continue to operate in the coming weeks and months. Phone and video solutions are being urged in lieu of in-person hearings, and Tarnowski said there are continuity plans in place if courthouses are forced to close their doors entirely.
Sally L. Tarnowski
"Timelines do still apply," she said. "By and large, we're telling people that they can waive the timelines through their attorneys on the record or in writing if they want to. But it is essential that their rights are followed, obviously, and they have the right to have that hearing within a certain period of time, so we can't just cancel those hearings."
While the next steps can't be predicted, officials in the Northland and throughout the country are already taking drastic steps to limit in-person contact and prevent a virus outbreak in correctional facilities.
St. Louis County Sheriff Ross Litman went as far as encouraging law enforcement agencies to issue citations rather than making arrests whenever possible.
"Effective immediately, please make every effort to limit arrests to those that present an imminent danger, or who are unlikely to appear in court," Litman told area police chiefs in a Monday memo. "Please do not arrest subjects with misdemeanor warrants, but refer them to the court administrator’s office serving your jurisdiction for possible future court date."
'Extremely fluid situation'
State Public Defender Bill Ward spent the weekend trying to figure out how his attorneys can effectively represent clients, particularly those who remain incarcerated. He has urged staff members to avoid in-person visits for the near future, citing concerns about bringing the virus into a confined space, but said challenges remain.
"Prior to the person appearing by way of ITV (closed-circuit TV), we have to have the ability to have a confidential conversation," Ward said. "That's absolutely a must. And what we don't like about it is that people who are poor are beamed in by ITV. Those who have the money to post their bail, they get to come in-person or get their case continued without having to come in at all."
Ward said he has been calling county attorneys to try to reduce the number of nonviolent defendants who are incarcerated as they await further court proceedings.
Inmates at the St. Louis County Jail pass time watching TV and working a puzzle in 2018. The confined nature and close quarters of correctional facilities have raised concerns about the spread of infectious disease. (File / News Tribune)
"If low-level cases are being kicked — which I completely agree with — these folks are going to be sitting in jail unnecessarily as a result of this pandemic," Ward said. "So our direction is to get as many low-level, nonviolent offenders out of the jail. Frankly, the people we're talking about are only in there because they're poor. They don't have the $500 or $1,000 or $300 to bail out, so they're sitting in jail awaiting resolution in their case."
St. Louis County Attorney Mark Rubin called it "an extremely fluid situation" and said his staff is sorting out which cases still need to be addressed by the court as they await further direction. The office is responsible for prosecuting crimes, representing county agencies and initiating child protection and civil commitment cases at courthouses in Duluth, Virginia and Hibbing.
"We're prioritizing and trying to figure out how we're still going to get the work done," Rubin said. "We're making arrangements that might include some flexible scheduling, limiting contact with the public, keeping most of our contact in the form of telephone calls and emails, and doing our best to help flatten the curve at the outset.
"Our objective is that our public is safe," he said. "Public safety has never been more paramount, and we want to make sure our fellow citizens are protected."
Northland courthouses rarely close, remaining open through last year's post-Thanksgiving blizzard that dropped nearly 2 feet of snow across the region and the January 2019 cold snap that approached state record lows. The 2012 flood was one of few times in recent memory that officials kept the doors closed for a day.
A Friday order from Chief Justice Lorie Gildea suspended all proceedings except those designed as "super high" or "high" priority — generally those involving statutory deadlines, immediate liberty and public safety concerns. The federal court in Minnesota has suspended all jury trials through April 27, among other steps.
Minnesota's appeals courts are continuing as scheduled, for the time being. The U.S. Supreme Court has closed its building to the public and postponed scheduled oral arguments through April 1 — a step that was only previously taken for the 1918 Spanish flu pandemic and outbreaks of yellow fever in 1793 and 1798.
Jails taking precautions
Litman said the situation has been "evolving and changing by the hour." Jail staff was performing additional medical screenings for those who are booked. Anyone exhibiting fever or respiratory symptoms will not be accepted, and it will be the responsibility of the arresting agency to transport them for medical treatment.
The jail has indefinitely suspended all inmate visitation services, though attorneys and other professionals will still have access. The staff is working to grant additional phone time to inmates who have been in custody more than seven days. Minnesota state prisons also have banned in-person visits.
The St. Louis County Jail in Duluth. (File / News Tribune)
Litman said the jail is working to set up video visitation for families and ITV capabilities for the court, while probation officers are securing additional electronic monitoring devices in the event it is necessary to release more inmates under community supervision.
St. Louis County's 911 facilities also be limited to dispatchers and necessary maintenance and support staff, Litman said.
The Duluth Police Department is closing public access to its building through at least March 27. Officers will attempt to respond to more calls via phone, when possible, and citizens are encouraged to report non-emergencies online.
"While our entire force of 157 sworn police officers will be utilized, low-priority investigations will be delayed," the department reported Monday. "We will continue to respond to and investigate violent crimes, sex crimes and crimes against children."
As a public service, we've opened this article to everyone regardless of subscription status.
"try" - Google News
March 17, 2020 at 07:00AM
https://ift.tt/3d7ajx9
Northland courts carry on essential hearings, jails ban visits, try to reduce inmates amid pandemic - Duluth News Tribune
"try" - Google News
https://ift.tt/3b52l6K
Shoes Man Tutorial
Pos News Update
Meme Update
Korean Entertainment News
Japan News Update
Bagikan Berita Ini
0 Response to "Northland courts carry on essential hearings, jails ban visits, try to reduce inmates amid pandemic - Duluth News Tribune"
Post a Comment