Slowed justice system could have long-term effects, Cascade County officials say

As the COVID-19 pandemic drags into its eighth month in Montana, the criminal justice system is still feeling the pinch as the pace of trials and hearings remains slow.

Cascade County District Court started holding hearings again in June, but the schedule won’t be back on track for quite a while.

Cascade County Attorney Josh Racki said active felony cases are up 20% because delays are preventing closure rates. And as more cases roll in, the backlog only gets worse.

“We’ve yet to see the total long-term effect,” Racki said, “but it has slowed things down.”

Travel restrictions are another thing keeping trials from happening. Witnesses who are from out of town or out of state often can’t travel, and judges cannot use Zoom in every situation, Racki said.

Jury pools are hard to fill, too. Many prospective jurors are being released from service because of COVID-19 vulnerability.

Defense attorney Daylon Martin said low turnouts for jury duty are making it hard to get a good cross-section of jurors.

Cascade County District Judge John Parker has been impressed with how respectful and thoughtful jurors have been during the entire process.

“They’re taking care of one another, really, by maintaining their distance and keeping on their masks,” he said. “They’re demonstrating that they’re looking beyond themselves and showing concern for a neighbor that they’ve never even met.”

Major trials, including more than a half-dozen homicides, have been pushed off to 2021.

Even the minor cases are feeling the pinch, as Racki said judges don’t use Zoom in every situation.

For convicted felons, transfer delays can hold up their placement in Department of Corrections programs.

As the pandemic drags on, Racki said speedy-trial concerns will become an issue more and more.

Martin and Parker agree.

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“Anytime you’re looking at speedy trial, you try to figure out what the delay was and why,” Martin said. “Institutional delay does attribute to the state generally.”

A recent case that was dismissed because of due-process concerns shows one possible consequence of the pandemic impeding an already-lengthy legal process.

Accused of sexual abuse of a child, Jose Remigio Zapata was released and his case dismissed in October after he waited 608 days for a fitness to proceed evaluation.

No matter how long the pandemic goes on, Martin said attorneys will not stop fighting for their clients’ constitutional rights.

Martin said COVID-based motions and objections are already flying and will continue on issues such as the right to face an accuser in court, the ability to see jurors’ faces and requests for lowered bail.

“The judges have done a pretty good job with the bail issue,” Martin said. “They’ve been pretty reasonable, I thought.”

Martin added that his office and the county attorney have been working hard to resolve cases short of trial.

Anytime a defendant’s rights become an issue, appeals are always a possibility. Both Racki and Martin said they expect COVID-related appeals for cases adjudicated during the pandemic.

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“It’ll be interesting to see what the (Montana) Supreme Court tries to do with those,” said Racki.

If a benefit can be found as the pandemic continues, it would be the increased use of technology. Like anything having to do with tech, though, it’s a double-edged sword.

Zoom hearings give the public greater access to most aspects of the criminal justice system. People with disabilities or those who live out of town can still watch hearings virtually.

Defendants, also, can patch into their hearings from wherever they are instead of waiting at the courthouse for their turn before the judge.

Martin said the staff at the Cascade County Detention Center has been very good about helping him meet with his clients virtually, and he hopes that continues after the pandemic dies down.

While virtual hearings can be easier to access, not all defendants have access to a computer or smartphone to attend. Martin said this issue can create a bottleneck in his office as clients wait to appear.

Martin, Parker and Racki said tech glitches can create difficulties, and Zoom isn’t ideal for conducting all court business.

“It still doesn’t replace me arguing in court and making objections,” Martin said. “I think it’s a lot more effective for me to be in court, but I think the accessibility for some of my clients…has been good.”

Parker also wonders how engaged people are when appearing virtually in court.

After a friend of Parker’s died recently of COVID-19, he said he is even more dedicated to making sure the justice system is safe for everyone.

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In the long term, both attorneys and judges are continually reevaluating their procedures and precautions, but Racki emphasized that they’ll need to start trying cases soon.

Martin is limiting access to his office and doing more phone appointments to keep the traffic down.

“In the long haul,” said Parker, “we’ll be more prepared if there’s another crisis of this kind ever again.”

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Criminal justice reporter Traci Rosenbaum reports on law enforcement issues for the Tribune. Reach her at trosenbaum@greatfallstribune.com or 406-791-1490.

Follow her on Twitter @GFTrib_TRosenba.

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