Superior Court to resume trials soon

Published 3:23 pm Thursday, October 22, 2020

MOULTRIE, Ga. – If it’s any kind of silver lining, for the past seven months nobody in Georgia who’s gone to a mailbox has received a jury-duty summons. The global pandemic caused by the coronavirus meant numerous lengthy postponements, one of them being no trials held in courtrooms; no trials mean no juries.

That is expected to change quite soon.

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With the inability to conduct jury trials since mid-March when the state of Georgia – the entire country in fact – shut down a whole host of in-person operations, well over 100 indicted cases in Colquitt County are awaiting trial, according to Southern Judicial Circuit District Attorney Brad Shealy.

But not only did the court system stop calling traverse (trial) juries, no grand juries have convened since March. Shealy said in the interim the number of cases accumulated that need to be indicted is another figure well over 100.

It’s “play it by ear” at Colquitt County Superior Court, though policy set by the Southern Judicial Circuit that began Oct. 1 presents a clearer picture of when the court’s major responsibility – jury trials – could resume.

For the second week of October, Colquitt Superior Court held just one day in session with four cases brought before Judge James E. Hardy on Oct. 13. According to Wilma Hadley, chief deputy to Clerk of Court Lynn Purvis, the week of Oct. 19 was full Monday through Thursday beginning with State Court on Monday. The week also includes civil hearings, child support, juvenile and accountability courts and probation revocations.

On Oct. 20 Superior Court Judge Brian McDaniel had a docket with child support hearings and orders with pro se (on one’s own behalf) representation.

According to the calendar posted on the Southern Circuit’s website, jury trials are normally held in Colquitt County February, May, August and November. The Grand Jury convenes in March, June, September and December. Arraignments are held in April and October while criminal motions are made in January and July.

Also on the Southern Circuit site, a memorandum from the five judges dated Sept. 28 says jury trials in each of the five counties (Colquitt, Lowndes, Thomas, Brooks and Echols) will return in January of 2021. The memo also states that new grand juries will be sworn in and presentments will begin in late October this year.

Otherwise, anything from a bond hearing to motions to pleas continued with presiding judges deciding if criminal hearings were held virtually, by conference call or live in a courtroom.

“Since March we did bond hearings working with the Sheriff’s Office to get folks out of jail to avoid a (COVID-19) breakout,” said Shealy. “Those were done by teleconference and Zoom. We’ve had revocation hearings by Zoom. We’ve had guilty pleas in limited number with CDC guidelines, five to 10 at a time.”

Hadley said Colquitt County, with the suspension of trials, has not summoned anyone for a traverse jury, but when it does those cases will go to trial in January. Though not certain, Hadley said it’s possible they will soon subpoena grand jurors for Nov. 2. Shealy confirmed that date for Colquitt, adding other counties in the circuit have different dates for grand juries.

Shealy said, in terms of jury trials, his office would begin with those indicted first, or from oldest to most recent. While the Southern Circuit’s calendar referenced earlier was put in effect in 2018, adjustments will have to be made. Shealy said one option is to ask for more weeks of trial time from the judges. He also said the numbers could go down if, as is the normal custom, an indicted person takes a plea when seeing that a jury trial is forthcoming.

“Many won’t plea without the threat of a jury trial,” said Shealy. “I just hope we can be consistent.”

Convening juries presents the challenge of adhering to government-set public health guidelines because of the numbers involved. Shealy said to convene a grand jury – which consists of 23 people with three alternates – it requires subpoenaing 50 to 60 people. For the traverse jury, that’s 120 to 150 subpoenas.

Counselors and pro se parties received a reminder memorandum about the Southern Circuit’s Chief Judge’s memo which makes note of the time limit attached to some of the hearings. The memo says this limit will strictly enforced with no exceptions.

Also from the memo:

“All attorneys, parties and witnesses will be required to wear a mask at all times. No one will be allowed in the courtroom without a mask. … Upon entering the courthouse, security will ask questions regarding the health of anyone having a hearing, so please allow time for this when telling your clients/witnesses what time to arrive for court. Make sure subpoenas state that if the witness is experiencing any COVID-19 symptoms or has come in contact with a COVID-19 patient, they must notify your office and the Clerk’s office immediately.”