JACKSONVILLE, Fla. — There continues to be a push to take court back online as the number of COVID-19 cases rise through Northeast Florida courthouses.
Last week, First Coast News reported on the letter the Northeast Chapter of the Florida Association of Criminal Defense Lawyers sent the Fourth Judicial Circuit, which called for virtual hearings to be brought back, enforcement of the administrative order requiring masks and other safety measures.
Chief Judge Mark Mahon responded this week saying its requests would be considered. His letter noted in part:
"The court has required that all entrants into the Duval County Courthouse continue to be screened, Anyone who is symptomatic is denied admission into the Courthouse, while any individual who enters the Courthouse must wear a mask at all times in public areas of the building.
Furthermore, in criminal proceedings, any in-custody individual brought back to court for a hearing is required to be masked at all times while inside the Courthouse. If any in-custody defendant is in precautionary quarantine, that person is not brought to the Courthouse for an intervening pre-trial. However, to be brought for Final Pretrial Conference or Trial, the inmate must be asymptomatic and test negative for COVID-19. Additionally, any in-custody individual who is symptomatic or has tested positive is not brought to the courthouse for any hearing, and any trial or other evidentiary hearing is continued."
However, the statewide Florida Association of Criminal Defense Lawyers is now getting involved – saying it’s not enough.
“Lawyers are getting sick, the public is getting sick, judges are getting sick. That's all the indicators you need to limit people in the building," president of the organization Jude Faccidomo said. “We're particularly concerned about what measures are being taken in Duval County to protect the safety of the lawyers coming into the building.”
Attorney Faccidomo sent a letter back to Judge Mahon calling for “the use of remote technology for all non-essential hearings.” It noted that virtual court is essential for safety now, and will be invaluable in the future – saving taxpayer money, attorneys and judges’ time and giving the general public more access to the court.
“The reluctance of your chief judge and some of the other chief judges throughout the state is troubling to us, because all the arguments in favor of it are so solid and so based in reason.“ Faccidomo explained. "You're basically asking people coming into the criminal courthouse to be on the honor system. And you're giving them an impossible decision of 'Do I face potentially getting a warrant? Or do I ignore the fact that I'm symptomatic, and appear in court?' That's a decision that somebody shouldn't have to make."
The Northeast Florida chapter president Shannon Schott says not having a consistent policy that allows people to appear virtually has put one of her client’s cases on hold, due to someone involved testing positive for COVID-19.
“We really want to see virtual court be a consistent feature in the Fourth Circuit, it gives so much more access to court," Attorney Schott said. "But, right now, we're just seeing more cases of COVID. There's a safety reason, and we want to make sure that the administration of justice continues seamlessly."
She says the tools they need are already in place.
“One of the highlights of the Duval County Courthouse is our technology. We have an excellent technology program, excellent technology team," Schott explained. "So, it's just surprising that we're not using our technology.“