An unlikely duo in Orleans County is seeking testimony from high-ranking Vermont court officials over their decision to forgo jury trials due to Covid-19 concerns in that Northeast Kingdom jurisdiction.
Defense attorney David Sleigh and Orleans County State’s Attorney Jennifer Barrett argue the decision has slowed criminal cases and that communication has been unclear.
“The judiciary’s core function is to adjudicate cases that have a direct impact on the liberty interests of Vermont citizens,” Sleigh, an attorney based in St. Johnsbury, said in an interview.
“Their No. 1 job is to provide the opportunity to jury trials where people’s freedom is at stake,” Sleigh said, “and they have been completely opaque about what their plans are to fulfill their obligations in Orleans County.”
Sleigh is pushing to have 26 criminal cases dismissed because of the ongoing lack of jury trials in Orleans County Superior criminal court in Newport.
He said those cases were all brought before the governor issued the state of emergency declaration in March 2020. The charges against his clients range from excessive speeding to aggravated sexual assault.
Some Vermont courts, including the criminal court in Newport, have remained closed for jury trials even after Gov. Phil Scott lifted emergency pandemic restrictions June 15, Sleigh wrote in a recent filing.
“It is unquestionable that the pandemic has upended each of our lives and made us face the difficult realization that we may never return to a sense of true normalcy,” Sleigh wrote. “However, we can no longer rely on the pandemic to excuse our neglect of our criminal justice system.”
Sleigh wrote that he wants to know how the Vermont judiciary is spending $7.5 million it received in federal Covid-19 funds and learn why more steps haven’t been taken to address the backlog of criminal cases in Orleans County.
He wants to question Pat Gabel, Vermont’s court administrator, and Chief Superior Court Judge Brian Grearson, among others.
Barrett, the county’s top prosecutor, submitted her own filing late last week, joining Sleigh in his request. Barrett wrote that she is prepared to take cases to trial, but the court system has “not provided any communication to the attorneys regarding the resumption of jury trials.”
The prosecutor said she has suggested alternative locations within Orleans County where jury trials could be held safely. In addition, in cases where a change in location “would not prejudice the defendant or state,” she has requested that jury trials be moved to neighboring Caledonia County Superior criminal court in St. Johnsbury.
“It is fundamentally unjust that the state bear the burden of the court’s decisions regarding the pandemic without weighing the reasonableness of the delay,” Barrett wrote.
Barrett, in an interview Monday, said it’s important for defendants and victims that jury trials proceed without further delays.
“It’s an odd position to be in where the state is being attributed the delay by the court but we have no control over the delay,” Barrett said. “It’s very bizarre.”
Court officials have said the Orleans County criminal court building, which does not have a functioning heating, ventilation and air conditioning system, has not been approved for jury trials because of concerns over the possible spread of Covid-19.
One of the judiciary expenses Sleigh has questioned is nearly $60,000 spent on a public relations consulting firm in South Burlington, headed by Dennise Casey.
Grearson said in an email response to questions Monday that he is not familiar with Sleigh’s filings in the case. He also said that he could not comment on pending litigation.
“The judiciary does not have its own communication staff and the pandemic required a dramatic increase in the need to communicate the constant changes to the public, the media, and the Bar. As a result, an independent contractor was hired to provide these services that were, and remain, required due to the pandemic,” Grearson said regarding the public relations services.