The Yolo Superior Court is laying the groundwork for expanding its services in early May — hearing more cases while still abiding by social distancing rules implemented due to the coronavirus pandemic.
“Safety and access to justice are paramount to the court,” Presiding Judge Samuel McAdam said during a conference call Thursday among local judicial leaders and members of the legal community who have seen a major shift in how the court conducts its business.
Chief among them is the “virtual courthouse” model — hearings held via telephone and videoconference that bring as few people as possible into the Woodland courthouse, which has remained open as an essential service to the community.
But daily visits to the Main Street building — typically more than 1,000 — have been reduced to low double digits with the launch of remote hearings, electronic court filings and delays in jury trials.
On April 10, the court enacted a local rule mandating face coverings for those who do enter the courthouse, including masks, scarves or other cloth materials that cover the mouth and nose.
That rule is expected to remain in effect as the court expands its services starting May 4, when several adult criminal, juvenile, civil and family courts start hearing cases placed on hold when the pandemic ramped up in mid-March.
Those cases “will be called and heard using remote technology,” McAdam said, with in-custody defendants appearing from the Yolo County Jail and those out of custody also appearing remotely or having their presence waived. “It will be a return to normal.”
Traffic, small claims and unlawful-detainer cases won’t appear on calendar until further notice.
Jury trials also remain postponed until at least May 22 under an order by the California Chief Justice Tani Cantil-Sakauye, who also authorized preliminary hearings — proceedings to determine whether there is sufficient evidence to uphold criminal charges — to be conducted by videoconference, with in-custody defendants appearing from the jail with their consent.
While the Yolo courthouse is equipped to conduct those video hearings, the process hit a snag when attorneys from the Yolo County Public Defender’s Office raised objections to their clients’ remote appearances.
“Despite all of her emergency orders, the Chief Justice refused to strip those accused of crimes of the right to attend court with their attorneys by their side,” Public Defender Tracie Olson told The Enterprise last week. “Clients have overwhelmingly chosen to exercise this right. Clients are not observers, they are participants in their court cases, and their presence in court is necessary to the fair administration of justice.”
Video preliminary hearings also are problematic because “until the COVID-19 crisis is over, police officers can testify remotely from police stations and prosecutors can Zoom in their appearances,” Olson said. “Cross-examination via Zoom is a poor substitute for due process and fulfilling our clients’ state constitutional rights.”
Yolo County District Attorney Jeff Reisig said his office is “frustrated” and “disappointed” with Olson’s stance.
“We’re in the midst of this health crisis, and we’re doing our best to honor everybody’s rights,” Reisig said, noting that other counties have successfully conducted remote hearings. “It’s not a perfect system, but it’s the best we can do considering the grave results when you start bringing people live into the courtroom.”
Reisig said the delays adversely affect crime victims’ speedy trial rights as well as defendants, who could potentially see their charges reduced or dismissed, but instead remain in custody as their hearings are postponed. “I don’t see how that’s an advantage or benefit to their clients.”
While a defendant may be transported to court with a judge’s approval, McAdam said during the conference call that Yolo wants to avoid what occurred in Riverside County, where dozens of inmates and jail staff became infected — and two sheriff’s deputies died — as a result of a coronavirus outbreak that may have stemmed from an inmate transport.
“We hope it becomes safe to transport in the next two weeks, and we are looking for guidance from the governor and local health officials,” McAdam told The Enterprise via email Friday.
For a current list of available court services, emergency orders and local rules, visit www.yolo.courts.ca.gov.
— Reach Lauren Keene at lkeene@davisenterprise.net or 530-747-8048. Follow her on Twitter at @laurenkeene