Some Michigan jury trials, probation reporting canceled due to coronavirus outbreak

Michigan Supreme Court

(Emily Lawler | MLive.com) Emily Lawler | MLive.comEmily Lawler | MLive.com

LANSING, MI -- Michigan residents with jury summons may be off the hook -- for now, at least.

Michigan Supreme Court Justice Bridget Mary McCormack on Wednesday, March 11, issued a memo to all state trial courts recommending they adjourn jury trials, civil and criminal, “unless (the) defendant is in custody or there have been other long delays.”

The recommendations were to apply as long as Michigan Gov. Gretchen Whitmer’s State of Emergency, which she issued Tuesday, remains in place.

Royal Oak’s 44th District Court canceled upcoming jury selection and has taken further precautions by canceling in-person reporting for probationers.

“All jury trials scheduled for March 23, 2020 will be handled as final pretrials. No jurors will be required to appear for jury service,” the court said in a release. "All individuals currently on reporting probation can contact their probation officer to arrange for alternate reporting arrangements.

“At this time there are no plans to close the courthouse, however we are actively monitoring this situation.”

Royal Oak Chief District Judge Derek Meinecke said his court is doing all it can to “combat this health crisis.”

Similarly, Washtenaw County Trial Court adjourned its civil and criminal jury trials for the remainder of March, in cases that don’t involve a detained defendant.

John Nevin, a spokesman for the Michigan Supreme Court, said courts across the state on Thursday were meeting to determine how and if they might implement changes to “reduce the spread of the virus."

Justice McCormack’s memo to state trial courts suggests they hold hearings, such as arraignments, mental health and incapacitated adult proceedings, remotely by video whenever possible.

“Adjourn hearings with vulnerable persons” and “do not default or (issue bench warrants against) individuals for failing to appear during period of emergency,” Justice McCormack said.

Nevin said Justice McCormack’s memo was “simply a recommendation” and ultimate control resides with each court’s chief judge.

“Every court is different,” Nevin said. "Every local community is different and what might work in a smaller community might not work in a larger busier place.

Decisions, especially regarding need for a jury trial, may also be case specific.

Nevin said, for instance, if parties in a civil case knew a trial adjournment was inevitable, it might impact settlement negotiations.

“It might not necessarily be in the best interest of justice to have the court two weeks ahead of time say your jury has been postponed,” he said.

Nevin said some courts, such as Royal Oak’s 44th District, are issuing clear adjournment guidelines while others are “sort of playing it by ear.”

Federal Courts in Michigan are taking coronavirus-related precautions and implementing a visitor screening process but haven’t announced any blanket adjournments or jury-selection delays.

There were 150 cases of possible coronavirus under active monitoring in Michigan as of Thursday, March 12, according to the state’s coronavirus information website. That figure was 124 on Tuesday and 520 more possible cases have been referred for assessment.

Ninety-one suspected cases were tested and found not to be coronavirus.

The World Health Organization on Wednesday declared coronavirus a global pandemic.

Michigan health officials have been preparing for weeks for a possible outbreak of coronavirus.

PREVENTION TIPS

Michigan’s State Emergency Operations Center is coordinating state-government resources and the response to the coronavirus spread. It has shared the following tips:

What you can do to prevent the spread of COVID-19 and other respiratory diseases:

For statewide and national information on the virus, visit Michigan.gov/Coronavirus or CDC.gov/Coronavirus.

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