Task force advises 4-phase approach to resuming in-person proceedings

Listen to this article

The Wisconsin Courts COVID-19 Task Force is proposing a four-phase plan for resuming in-person proceedings and jury trials.

The task force, established by Wisconsin Supreme Court Chief Justice Patience Roggensack in April, provided recommendations on Friday about staffing, facilities and equipment, and resuming in-person proceedings and jury trials for county courts. The state Supreme Court postponed jury trials and suspended in-person proceedings in March because of the coronavirus pandemic.

The task force’s final report established a four-phased approach to returning to full in-person court operations. It advised circuit courts to first establish a local group to develop tailored plans in response to the recommendations, which would then be submitted to the chief judge of each district for approval.

When putting the four-phased approach into place, stakeholders would first decide when a county should start to resume operations and what local conditions, such as infection rates, will prompt a move from one phase to the next.

In phase one, the circuit court would resume in-person appearances in the following cases:

• All criminal matters, except jury trials
• Mental commitment and guardianship hearings with time limits
• Juvenile proceedings in juvenile delinquency (JV), juvenile CHIPS (JC), juvenile guardianship (JG) cases and termination of parental rights cases with time limits
• Civil matters as follows:
  • Restraining order proceedings under Ch. 813
  • Family – Temporary order hearings if placement is at issue under Wis. Stat. 767.225(1)(am)
  • Family – Enforcement of physical placement orders under Wis. Stat. 767.471(5)
  • Family – Relocation motions under Wis. Stat. 767.481(2)
  • Stipulated final divorce hearings
  • Time-sensitive small claims proceedings, with special consideration given to social distancing and limited attendance guidelines

In phase two, courts would allow in-person processing of all cases except jury trials. Phase three would resume in-person processing of all cases, including jury trials, as long as safety criteria remain in place. Phase four would continue all cases in person with no restrictions.

During the first three phases, health experts recommended screening people as they enter the courthouse. Upon entry, courts should require people to wear surgical-grade masks at all times in the courthouse and during proceedings. Courts should also ensure that there’s at least six feet between all individuals in the courtroom and limit attendance to meet the social-distancing requirement. Antiviral wipes and hand sanitizer should be provided.

The task force advises reviewing staffing, public health and facility conditions at least every 14 days to determine whether a change in phase is warranted.

Jury trials

The task force provided further guidance for safely resuming jury trials. Many of the recommendations added to already circulating advice for continuing in-person proceedings.

Each county is recommended to develop or review its deferral and excusal policy in light of COVID-19 and consider whether it will give special consideration to elderly or at-risk populations, healthcare workers and other essential workers.

The task force recommended increasing the number of juror reporting dates, staggering juror reporting dates and times, and using larger spaces for jury reporting to maintain social distancing. Counties should also consider implementing temperature checks or health questions for jurors and excusing those deemed to be high risk.

Courts should provide surgical masks, hand sanitizer and other personal protective equipment for jurors. All participants and spectators should wear face masks as well.

In the courtroom, each county should consider spreading out jurors if possible and setting up barriers between the judge, court clerk, court reporter and witness in the witness box. The task force acknowledged social distancing between the defendant and defense counsel may not be possible and left it to the trial judge to make social-distancing decisions according to statutory and constitutional provisions.

The task force encouraged the courts to use technology to help maintain social distancing within the courtroom. Jurors could be seated outside the juror box and provided video monitors or tablets for note taking and viewing exhibits introduced during the trial.

Members said they aimed to be proactive with recommendations on minimizing exposure and infection during jury trials, while still protecting constitutional and statutory rights.

“In so doing, we understand it is not possible to ensure absolute safety, but accept that we can take reasonable steps to protect the health of all participants within the physical limitations of individual court and county facilities and resources,” the task force wrote.

Other recommendations

The task force recommended local stakeholder groups begin the process of returning to normal court operations by considering staffing and whether it’s possible to safely bring people back to work.

Public-health experts on the task force recommended screening everyone who enters the courthouse and providing surgical masks to court staff, court officials and litigants. The task force said people entering the courthouse voluntarily should wear a face covering, but the court would not have to provide it.

Courts should install barriers between staff and the public, in addition to the barriers recommended in the courtrooms, and add signs and floor markings around the courthouse to encourage proper social distancing. Staff should frequently disinfect elevator buttons, kiosks, seating and other public areas, and courts may even consider removing doors to eliminate the need for people to touch doorknobs or handles.

“As all Wisconsin residents try to adjust to the new normal during this pandemic, it is important to remember that ‘normal’ court operations in this environment will mean something very different than in the past,” the report said. “Judicial leaders and administrators must balance the speed in which we manage our caseload with the ability to do so safely.”

The task force’s full report can be found here.