Milwaukee County anticipates opening 7 criminal courts in next three weeks

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Milwaukee County Circuit Court Chief Judge Mary Triggiano expects the county will have seven criminal courts up and running in the next three weeks.

The Milwaukee Bar Association hosted a webinar on Thursday about the circuit court’s progress toward resuming normal operations amid the COVID-19 pandemic. Triggiano is hopeful that the seven courts expected to open in the next three weeks will encompass the circuit court’s specialty areas.

She believes jury trials will be pushed until July, giving the county time to plan and work out issues that arise as other courts re-open. No jury rooms have been configured, and no jury summonses have gone out. Triggiano said the court ruled out holding jury trials off campus because of the logistical and safety issues it would present, along with potential added cost.

Triggiano said there are about 150 backlogged speedy trials, and the criminal division is working on prioritizing cases. Judge Carl Ashley said he’s asking district attorneys and defense attorneys to help figure out the order of cases. He’s also looking to hear shorter cases first.

“As we start out, the focus is on cases that fit so we can learn more,” Ashley said. “It will be a collaborative effort.”

The judges and lawyers on the webinar panel said it’s difficult to determine how masks will affect witness testimony and how proceedings will flow when asking witnesses to take off their masks.

“When you have a face covering on, it kind of dehumanizes you,” said Jason Luczak, a trial and appellate attorney at GRGB Law. ” You have people who are going to be uncomfortable without the mask, but you may have clients where you want people to see their faces.”

Triggiano said she’s continuing to consult with health professionals about how to safely have masks off and talking with defense attorneys about their concerns.

“We’re not going to let the defense bar hang out there,” Triggiano said. “We want to make sure people feel safe. We will try everything. We will figure out how to make people feel comfortable.”

Triggiano said the courts need to be mindful of people who are immunocompromised. The court recently worked with a lawyer who was immunocompromised, and they came up with a plan to ensure he felt safe.

Dr. Geoffrey Swain, a retired medical director of the Milwaukee Health Department, has been advising the courts on safely reopening. He said lawyers who are at higher risk of contracting COVID-19 should talk to their doctors about specific situations to gauge their individual risk.

If defendants aren’t feeling well, it’s better to be safe and postpone the hearing. Ashley acknowledged that people will try to misuse the policy, but for the greater good, the courts aren’t going to be mistrustful.

Triggiano said the court will send out information about operations and logistics as the first courts re-open. In the meantime, the courthouse isn’t open for in-person proceedings, and judges will continue to use Zoom videoconferencing for proceedings, a tool the courts will continue to use.

“Zoom will be used from now and forever,” Triggiano said. “We’ve found it’s been helpful to lawyers and clients alike.” Follow @“WLJreporter”