Allegheny County to resume jury trials in courthouse and convention center
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The Fifth Judicial District of Pennsylvania, which covers Allegheny County, said Tuesday that jury trials will resume in both criminal and civil divisions next month.
The district has Pennsylvania’s second-highest case load behind Philadelphia County. Trials will begin on Oct. 19.
Space has been leased through December at the David L. Lawrence Convention Center for jury selection, civil jury trials and minor cases.
Jury trials in the criminal division will either be heard in courtroom 700 in the City-County Building, the Gold Room in the courthouse, or courtroom 313 in the courthouse.
“The right to a trial by jury is one of the fundamental rights of U.S. citizenship, but due to the pandemic, there has not been a jury trial held in Allegheny County for the last six months,” said President Judge Kim Berkeley Clark.
After 12 people within the court system tested positive in late June and early July, there was an outcry among attorneys. Clark issued an order requiring that most proceedings in criminal court be conducted through video teleconferencing to limit exposure to employees.
An Allegheny County assistant district attorney, Russ Broman, who believed he had contracted covid-19 while working at the courthouse in late June, died in August.
“We must begin to bring resolution and closure to these cases in the safest manner possible,” Clark said.
While acknowledging it’s not an ideal situation, both defense attorneys and prosecutors agreed it is welcome news, considering the backlog of jury trials created by the pandemic.
“It’s easy to criticize that it would be at the Convention Center, but my overall reaction to it is that I’m glad and happy that jury trials are starting to resume,” said Pittsburgh criminal defense attorney Phil DiLucente. “I think it’s a very proactive step to not only ascertaining justice for persons charged with criminal offenses but also for the cases that are pending on the docket for civil jury trials.”
DiLucente also cited the problems created by the suspension of PA Rule 600, which stipulates that a defendant who has been jailed has to be brought before a jury within 180 days or, if not incarcerated, within 360 days.
“It’s been extremely difficult because you have folks that actually want to have their case heard and you have to explain to the client that it’s out of your control,” DiLucente said. “My thoughts were always to try to find some forum so that people that are either imprisoned or are anxiously waiting to be acquitted have their day in court.”
Safety measures for jury selection and jury trials will include security screening, temperature checks, screening questions, physical distancing, face coverings and hand sanitizer stations, according to a statement from District Court Administrator Christopher Connors.
“The citizens of our county are the foundation of our system of justice. If the courts want to reintroduce the public to the courthouse, then there has to be complete agreement on how to maintain safety for all,” said Allegheny County District Attorney Stephen A. Zappala Jr. “My number one priority remains the safety of the general public and safety of the employees who occupy all of the floors and offices of this courthouse.”
For his part, DiLucente said he was already breathing a sigh of relief.
“I’m elated by this development. 2021 could have been disastrous for a lot of folks if you have all these jury trials backed up,” DiLucente said. “So, justice will go on.”