With COVID-19 cases rising across state, Miami halts jury trials through Jan. 31

Faced with rising coronavirus cases across Florida, Miami-Dade is suspending jury trials through Jan. 31.

Most other hearings will continue remotely via Zoom, as they have been for months, as Florida’s largest court system continues to grapple with the pandemic and a rising backlog of cases, particularly in criminal cases.

“This was determined in consideration of the rise in new COVID-19 cases throughout Florida and Miami-Dade County and the upcoming holidays,” Miami-Dade Chief Judge Bertila Soto announced in a press release on Wednesday.

In South Florida federal court — which has newer, roomier courthouses — jury trials had already been suspended until at least April 5.

It has been a different story in state court.

As with other public spaces, Miami-Dade’s Richard E. Gerstein Justice Building largely shut down in mid-March as the highly contagious virus swept across the globe. The Florida Supreme Court on March 13 suspended jury trials and speedy trials, while the system contracted with Zoom, the now-ubiquitous video-conferencing service, to start holding virtual hearings.

In civil court, a pilot trial was held in Miami via Zoom in July.

As COVID-19 cases waned in the early fall, counties across Florida slowly began holding criminal jury trials. Last month in Palm Beach County, a jury was picked and heard testimony — from behind clear panes — in a felony weapon case. The case resulted in a guilty verdict.

In Miami-Dade, court officials had been working for months to arrange some jury criminal trials.

A task force of criminal justice officials had hoped to pick a case that was simple, with few witnesses and a defendant who is not in jail — to cut down on the number of jail officers it would take to provide security.

“We’re going to try one case, then try another case,” Miami-Dade Circuit Judge Nushin Sayfie, who oversees the criminal division, told the Herald in September. “We’re going to do it very slowly and very methodically.”

But over the months, lawyers and court officials had been unable to find a case to take to trial safely.

Miami-Dade’s courthouse is ancient and cramped — and clerks and other employees who still work in the largely empty building have continued to test positive for the virus. In the county overall, more than 246,000 people have tested positive for COVID-19 since the start of the pandemic, with nearly 4,000 deaths.

The rate of positive tests has also jumped, as it has across the state. The 14-day percent positivity average is 8.61%, according to Miami-Dade County’s “New Normal” Dashboard.

“Unfortunately COVID has presented the justice system with either bad or worse choices,” said Miami’s Jude Faccidomo, the president-elect of Florida Association of Criminal Defense Lawyers. “As defense lawyers, we are very much cognizant of the rights of those accused of crimes and their access to the court, but science needs to lead the way. The Chief Judge is to be commended for putting safety first.”

Miami-Dade Public Defender Carlos Martinez, on Wednesday, said he agreed with the decision, saying the risk is too great, even if lawyers, judges and jurors protect themselves with masks, social distancing and other measures.

“It’s still a very old building without great ventilation,” Martinez said. “It’s still hours in one enclosed room.”

While the jail population has been reduced greatly during the pandemic, the cases in Miami-Dade are piling up. The Public Defender reported in early March, the office had about 13,000 pending cases. Today, it’s almost 19,000, Martinez said.

“It’s still a tremendous amount of backlog,” Martinez said.

Martinez said he is making a push with Florida lawmakers to allocate money to rent large venues that could easily accommodate trials simultaneously, such as the Miami Beach Convention Center.

Meanwhile, the public defender’s office has pushed back when lawyers and most staff members have to work in the office — the building is now off limits until at least June 30.

For now, Miami-Dade’s criminal courthouse remains largely empty, save for clerks, support staff and judges who preside over Zoom hearings from their benches. Defendants, even those in jail, are now attending virtual hearings that deal with routine legal matters such as squabbles over evidence, bond issues and even self-defense claims.

Miami-Dade courts may soon be holding probation violation hearings as well.

A group of defense lawyers had objected to the hearings, saying it was unconstitutional to hold such important hearings — in which someone could be sentenced to a heavy prison term — virtually, without the defendant able to properly confront an accuser in person.

A Miami-Dade judge had ordered one man, Jermaine Clarington, to have his probation violation hearing via Zoom. A Miami appeals court last month agreed, saying the virtual hearings do not violate his rights. Clarington’s lawyers are now asking the Florida Supreme Court to take up the case.