LANCASTER – As the coronavirus pandemic continues and cases continue to climb throughout the county, many Fairfield County businesses and organizations have been forced to adapt.

That is definitely evident in the Fairfield County Common Pleas Court, where video technology has allowed legal proceedings to continue since the state’s shelter-in-place order was placed in effect in the spring.

Judges Richard Berens and David Trimmer are also holding hearings in their respective courtrooms, but the state has provided two new video systems that allow the judges to connect with people incarcerated in the jail who cannot be transported to the courthouse.

Magistrate Jillian Boone explained the county court has received many positive changes in the face of the ongoing pandemic.

“The court has been criticized for being so antiquated before all this, so this is one silver lining. COVID-19 has forced us out of our comfort zone. There had been talks before this about adapting more technology into our proceedings, but the pandemic has pushed us into it,” she said. “We’ve been able to continue to serve the public and move through cases and hearings as they come in, as opposed to other counties that closed during the shelter-in-place order.”

Boone said during the first few weeks of the pandemic, the court was running with a skeleton crew, keeping one of the judges or herself on call to approve protection orders or other immediate concerns, but then, the staff in the courthouse has hit the ground running.

The video systems allow incarcerated people to remain in the jail, whose population has been drastically reduced throughout the pandemic, and still keep their court appearances. Defendants on bail were also able to appear remotely at their attorneys’ office.

Boone added the local defense bar and the Fairfield County Prosecutor’s Office worked with the court to adapt to this new change. County clerks and Fairfield County Sheriff’s Office deputies at the jail were also instrumental in implementing the new system, learning how to process paperwork. The clerks now have the capability of electronically filing court documents, which limits physical presence in the courthouse.

Anyone who worked in the courthouse also worked from home in March and April. Defendants that had made bond had their court appearances continued to limit the amount of foot traffic in the courthouse. That also included people being supervised by the community control department.

Angel Sanderson, the director of the Fairfield County Community Control Department, said the five to six weeks her officers were ordered to work from home were trying.

“It’s important for these officers to see the people they’re supposed to be supervising. They might have made some mistakes, they might have done some bad things, but they’re still people, and it’s important to see them in person,” she said. “We couldn’t send our officers to do home visits either, because the probationers might be following the quarantine order and we could be the greatest exposure they face of the virus.”

As a temporary solution, and to get probationers the help they needed, Sanderson said officers set up a small tent in the parking lot with two tables to allow officers to meet with probationers.

“All it cost us was a couple parking spots. It makes a huge difference to be able to look someone in the face. We had been doing phone calls while our office was closed, but a phone call isn’t enough to see if they’re following their community control orders, you need that interaction. So having the tent and chairs outside made a huge difference,” she said.

As the restrictions of the shutdown began to relax in May and June, restrictions at the courthouse also began to relax. The common pleas judges began holding hearings in person, if the defendants were out on bond and felt confident they could appear in court.

Boone said the judges would alternate days they held online hearings and in-person hearings. There was a lot of juggling and behind-the-scenes work, and new changes to procedures, such as getting the paperwork to individuals being incarcerated, but it helped keep the justice system moving.

Judge Richard Berens said the challenge throughout this pandemic has been to keep things moving. He explained the defendants have a constitutional right to timely hearings and the people who have been victimized also have the right to be heard without dragging the proceedings on.

“Magistrate Boone and the other people involved with adopting these new procedures have done a wonderful job through this. But from my perspective, I would rather have everyone involved in a hearing in the courtroom, in person, without masks. But that’s just not possible right now. And until we get this pandemic under control, virtual hearings and the online platforms we’re using are the ideal solution,” he said.

Berens said the court has had the capability to safely hold jury trials since mid-June, but they have not had any in the county yet.

The judge said he sees the new video systems as an advantage for the courts, even after the pandemic passes.

“As an example, we were able to hold a hearing for a defendant who is being held in a prison near Cleveland. Normally, we’d have to have him transported down, hold his hearing, then transport him back. We’d have to pay for the cost to move him here. Instead, we got him on a video call,” Berens said. “We’ve had that capability in Magistrate Boone’s courtroom, but it was just one system, and we’d have to go there to use it. Now we have three, so it streamlines that option.”

Berens said the practice will continue after the pandemic for people being held in the prison, but likely not in the jail. The court is using the video system for defendants in the jail to help limit the risk of exposure to COVID-19.

Boone said these changes have allowed the court to stay abreast of court cases. While the number of hearings a day is not quite typical compared to a “normal” operating docket, she said the court held 158 virtual and remote hearings in June. In April, about a month into the pandemic, the court held 105 remote and virtual hearings.

She added there were less indictments being processed, so there were also less cases filed that needed addressing.

“The easier thing we could have done, because of a Supreme Court decision to relax the timing of hearings for defendants, we could have continued everything on the docket and waited until August,” Boone said. ” But because the staff was more flexible and open-minded, we were able to expand access for the people in Fairfield County.”

blawlis@gannett.com

740-681-4342

@BarrettLawlis

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