‘We’re all guinea pigs this week.’ Horry County picks first jury in months amid COVID-19.
“We’re all guinea pigs this week as we try to figure this all out.”
That is what 15th Judicial Circuit Solicitor Jimmy Richardson told about 40 potential jury members Monday morning as Horry County tried to hold its first trial in months.
Coronavirus wreaked on courthouse schedules across South Carolina, halting jury trials for the past five months. But, this week the Myrtle Beach area is one of the first counties to try and hold trials. The county will serve as a model for the rest of the state. While the process was much more deliberate than in a pre-coronavirus world, there were few hiccups.
About 40 potential jurors gathered at the courthouse in a morning session to answer questions to see whether they can serve on a jury.
Their day started with temperature checks at the front door, something new to the courthouse in recent weeks. Everyone entering the building was also required to wear a mask, which has become standard practice. Seats were blocked off in the jury assembly room and in the county’s main courtroom to encourage social distancing.
Jurors also filled out a COVID-19 questionnaire to say whether they were experiencing any symptoms, have tested positive or been around others who had the virus.
Judge Benjamin Culbertson went over the questionnaires and explained why the process Horry County was slowed. He thanked the potential jurors not only for their willingness to hear a case, but to help the entire judicial system.
“You’re providing a big service for the state of South Carolina,” Culbertson told the panel.
About 35 potential jurors remained after the morning session and another group of people was set for the afternoon. The hope is to get enough potential jurors to have the entire panel return on Tuesday to select the people who will hear a trial. Typically the jury selection process in Horry County takes hours, not days.
Culbertson also explained to the jurors some of the precautions and noted there will be more breaks than usual during the trial. The jury box has also been expanded in the courtroom so jurors can be socially distant. When it comes time to deliberate, the jury will meet in a larger room to allow for distancing as they discuss the case.
Several court administrators and lawyers from other counties watched the jury selection process unfold on Monday. Culbertson noted that reports will be sent to the state to determine if there are any tweaks needed before more trials are held.
The South Carolina Association of Criminal Defense Lawyers raised some concerns about jury trials restarting. The group questioned whether jury trials are fair as panels might not be a cross-section of the community and whether defendants would be denied a public trial.
“The Bill of Rights guarantees all citizens fundamental trial rights when accused of a crime. Given the current state of the COVID-19 pandemic in South Carolina, these important Constitutional rights cannot be protected,” the group wrote in a press release.
