This week Presiding Judge Burlison sort of ordered the 22nd Judicial Circuit to Phase 1 of the Missouri Supreme Court’s 4-phase plan to reopen the courts. I say “sort of” because he only ordered the Civil Courts Building and the Juvenile Courts Building to Phase 1 — leaving the Carnahan Court Building at Phase 0.
https://www.courts.mo.gov/file.jsp?id=158653
The rationale for this, I believe, is because a deputy sheriff who works in the Carnahan Building has tested positive for the COVID-19 virus, so under the Supreme Court order, that courthouse can’t move to Phase 1.
My confusion is because it makes no sense to me to move the Civil Court Building to Phase 1 when the building across the street is at Phase 0. While the deputy with COVID-19 did work in the Carnahan Court Building, there are plenty of people who move between the buildings regularly, from other deputies, to clerks, to judges, etc. The virus can easily move between buildings.
It seems to me that there is a push within the 22nd Judicial Circuit to open and to have jury trials resume as quickly as they can — an attitude that I don’t see in St. Louis County. Perhaps this is due to the different temperaments of the respective presiding judges, perhaps it is due to the input these presiding judges are getting from the other judges in their circuit. I don’t know.
What does seem clear to me, however, is that we — the City and County — are the state’s hot spot for COVID-19. As such, I would think it sensible for our courts to reflect that fact. We should be the most careful with opening things up.
As I indicated in another post, no criminal defense attorney that I’ve spoken with, not even Robert Taaffe, who is in serious trial withdrawal, believes it is a good time for cases to go to trial. If forced out to trial, I believe there are numerous constitutional objections that are going to be raised by savvy defense counsel, as well as a host of practical problems the judges haven’t even considered (like procuring witnesses to testify). Moreover, from hearing Circuit Attorney Kim Gardner at the en banc meeting, it appears that she will oppose having her employees put at risk by returning to the court house too soon. It may be monumental, but it is one of the few times I’ve ever agreed with Ms. Gardner.
It seems the only persons who want the City to open and to begin jury trials are the judges — and not the actual participants in the trials!
Of course, when the second wave hits . . . .