Seattle Courts: Jury Trials Suspended, Whether Civil or Criminal, Some Bench Trials Going Ahead

Seattle Times (Sara Jean Green) reports that King County (Wash.) Superior Court has postponed all jury trials until April 24 (UPDATE: just got the orders themselves, and posted them here and here):

"Social distancing during jury selection and jury trials is nearly impossible," the order says.

The order acknowledges that criminal defendants have a right to a speedy trial but says that, as of Friday, the danger of the virus is too great.

"It constitutes an unavoidable circumstance beyond the control of the court and the parties," Rogers' order states [referring to Wash. Crim. R. 3.3(e)(8) -EV].

Neighboring Pierce County and Snohomish County are implementing similar rules, though some bench trials are still progressing; I quote the Pierce County rules:

• All jury trials will be suspended through April 24th, except those already in progress.
• Civil jury trials, except those already in progress, will either be continued or heard as a bench trial by agreement of the parties.
• All criminal jury trials, except those already in progress, will either be continued or heard as a bench trial by waiver of a jury trial….
• Jurors summoned during those dates are excused from service….
• The court is encouraging telephonic appearance.
• Non-jury trials are not affected.  They will proceed as scheduled.

Thanks to Mark S. Leen for the pointers.

Comments

[JBogart]

The federal and state courts in a Utah have adopted similar rules: no trials, examinations etc., until after April 3 and all hearings on motions are telephonic.

[Nonstopdrivel]

What are the chances of civil rights lawsuits arising over the suspension of the right to a speedy trial?

[Harvey Mosley]

It seems to me that defendants held either without bail or with higher bail than they can pay makes social distancing impossible too.

[MatthewSlyfield]

Every criminal whose trial is delayed should file an appeal on speedy trial grounds.

[KenveeB]

Our courts are trying to figure this out too. They've canceled all non-essential court functions for a few days and are meeting today to decide more long-term stuff. They're making extra allowances for pleas and bond hearings so people can get out of the Petri dish jail. Nearby counties have canceled all civil jury trials and are allowing criminal ones only on a defendant's affirmative request, to avoid speedy trial issues.