NJ Fed. Courthouses Prep For Return Of Criminal Jury Trials

The U.S. District Court for the District of New Jersey on Tuesday announced plans to reopen its courthouses, including for in-person grand juries and eventually criminal jury trials, after months of closures and restrictions in response to the COVID-19 pandemic.

The third phase of the court's rollout will begin April 5 and will include the reopening of the front counter to the public. Additionally, grand jury proceedings "shall resume as normal" beginning April 5, according to a statement from the court.

Under the previous phases, the U.S. Attorney's Office for the District of New Jersey only conducted grand jury proceedings that had "a compelling reason to proceed," according to the court. The proceedings were held in reserved locations with social distancing and other safety protocols.

Also starting April 5, criminal defendants who have not consented to videoconference for an initial appearance, arraignment, plea or sentencing will have their proceedings held in person.

When possible, however, all proceedings should continue to go through Zoom under the latest phase, including bench trials.

Under the second phase, in-person proceedings were restricted to emergent matters and to pleas and limited sentencings where a noncustodial defendant did not consent to a videoconference proceeding.

Criminal jury trials are expected to resume June 1, the court said. When trials do resume, courthouses will only be permitted to hold one criminal trial at a time. At the onset, judges will be asked to select trials with a single defendant that could be completed within one week.

Other measures the court has put in place for the April 5 reopening include the installation of plexiglass shields and the placement of six-foot social distancing markers and hand sanitizer throughout all courthouses. Judges, when possible, should remain in their respective courtrooms instead of changing courtrooms, which will all be cleaned between proceedings.

U.S. marshals and court security officers will enforce safety protocols for visitors, which will include wearing a mask or face covering, adhering to social distancing guidelines, and following health and hygiene signage throughout the building. Visitors may also be asked to have their temperature scanned.

Although the court stressed in its statement that it's "imperative" the number of proceedings remain limited during the third phase of reopening, the volume of courtroom activity will be determined by the individual judges.

Judges will also be able to determine the in-person staff of their chambers, including interns, according to the court's statement.

All in-person court matters beginning April 5 will have to be coordinated through the clerk's office in each of the vicinages to ensure proper post-proceeding cleaning, social distancing accommodations and limitation of the number of cases.

--Editing by Orlando Lorenzo.

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