The coronavirus pandemic has caused many entities to close, though some have found creative ways to continue operations despite restrictions and the McKean County Court is no exception. According to President Judge John Pavlock, many staff members, including judges, staff and court administration have been at the courthouse working as usual. Staff who were not in the physical courthouse worked remotely from home.
“The District Judges have been continuously holding proceedings via video conference and some in person proceedings,” noted Pavlock.
He added that at the county level, judges “have continuously held proceedings for conferences, civil and criminal hearings, arraignments, non-jury trials, guilty plea, sentencings and many other proceedings.”
The one exception has been jury proceedings, as jury trials were suspended by order of the Pennsylvania Supreme Court, which is set to expire June 1. Pavlock noted they have been working on a procedure for resuming jury trials for the past several weeks, which will involve sending an additional juror questionnaire to prospective jurors prior to them being summoned to appear. The juror questionnaire was created to identify individuals who face greater risks if they were to serve.
Once questionnaires are returned, they will be processed and jurors will be summoned to appear for a selection process. Jurors will be encouraged to participate via video conferencing, though if they do not have the necessary equipment to do so, they will be required to appear at the courthouse. A panel of 10 to 15 potential jurors will then be summoned, with appropriate protocols, such as social distancing and wearing masks put in place.
“In the past, we would select a jury and immediately proceed to trial,” Pavlock explained. “That practice is temporarily suspended.”
Selected jurors will be advised of when they need to appear at the courthouse for trial. In addition, if they are ill, they will be advised not to appear and to instead contact court administration. Jurors will be spaced at least 10 feet apart in the courtroom during trials.
Pavlock said they begin the new jury process understanding that they need to take all reasonable precautions to prevent the spread of infection. Though they are unable to limit it to zero, he also noted the criminal justice system is built on juror participation, and without such, the “wheels of the criminal justice system would stop.”
As the county transitions into the green phase, the court will continue to expand in-person proceedings, but will still utilize videoconferencing frequently. In addition, the court will be resuming weekly/Thursday criminal court plea and sentencing days. Proceedings will be staggered so that no more than 10 defendants are required to appear and be present at one time. Also, instead of two daily sessions, one morning and one afternoon, there will now be two in the morning and two in the afternoon.
Pavlock also commended the hardworking staff at Adult and Juvenile Probation, McKean County Domestic Relations and Family Law, District Judge’s offices, immediate court staff and security “who have and will continue to put themselves at personal risk to assure that the court and court functions continue.”
