It’s not yet safe to resume normal court operations, the Vermont Supreme Court decided Dec. 4, and extended until March 31 the judicial emergency it declared last March because of the Covid-19 pandemic.
The emergency order alters the way courts operate — how staff members work, and how the court will serve court users and the public.
Under the newest rules, if a Superior Court wants to hold a jury trial, it needs approval from the chief superior judge and the court administrator before summoning jurors and moving to trial. The court administrator and chief superior judge are required to ensure that adequate steps are taken to protect trial participants and public health, and that the court itself has enough staff to support a proposed jury trial.
If things get worse as the pandemic continues, trials that are already scheduled may have to be canceled.
The Supreme Court has authorized the state’s judicial bureau to operate remotely, with the judge on video and all participants appearing remotely. If a participant objects, and a hearing officer finds that there is good cause for in-person participation, the hearing will be postponed until it’s safe to conduct it.
Finally, the court has clarified that staff members who coordinate pretrial services are among the people authorized to enter the courthouse to participate in an in-person hearing, if one is allowed to be held.
Details about steps the Vermont courts are taking to promote safe operations during the pandemic are available at vermontjudiciary.org/COVID19.
— Tom Kearney