Jury duty? It’s gonna look a lot differently during Horry County trials amid coronavirus
Jury trials will soon resume in Horry County, though they will look a lot differently as the COVID-19 pandemic continues to impact the Myrtle Beach area.
“We’re making a lot of suitable decisions to try and make sure nobody is put at a reasonable risk of getting it,” said Jimmy Richardson, solicitor for the 15th Judicial District, which covers Horry County.
The South Carolina Supreme Court announced this week that Horry County and Aiken County were chosen to host the first jury trials in mid-August. Jury trials have been on hold for several months after the courthouse closed down to help slow coronavirus’ spread.
Plea and status hearings have been held for the last couple of months, but neither requires a jury. The hearings look dramatically different from previous years as defendants appear via video, there are limits on how many people are allowed in the courtroom and everyone wears a mask.
Richardson said there will be some changes to the jury selection process once they resume trials. That started with a questionnaire sent to potential jurors to ensure they aren’t a high-risk individual or overly concerned about contracting the virus.
Once a potential jury pool is created, people will visit the courthouse in two groups instead of one large gathering for jury selection, Richardson said.
The potential jurors will be put in a large room to practice social distancing, Richardson said. Potential jurors will also have to fill out forms to say they don’t have any symptoms.
Richardson hopes they can get a jury pool of about 40 people before the final selection to find the people who will hear the case.
“We will be able to social distance,” he said.
Once people are selected for a jury, they will be seated where there is not another juror next to them or in the row ahead of them, Richardson said. That means extra rows will have to be added to the traditional two-row jury box in Horry County.
The trials on the Horry County docket are drug-related crimes and should only last a couple of days. There are murder cases near ready, but many of those involve dozens of witnesses and typically take the full week.
During the trial, Richardson said witnesses will have to fill out the same symptoms forms as the jurors. The lawyers will also hold up evidence before a jury, instead of allowing the jury to pass and hold the items, to ensure there is no communal touching. When it comes time for the panel to deliberate, they will meet in the county’s Grand Jury room instead of the small jury room.
However, South Carolina defense attorneys have expressed some concerns with the restarting of trials. The SC Association of Criminal Defense Lawyers noted that COVID-19 might prevent a cross-section of the community from serving on a panel.
“We can’t sacrifice a fair trial by just putting measures in place that sacrifice that defendant’s ability to have a fair day in court,” said Jarrett Bouchette, a board member representing the 15th Judicial Circuit.
If jury members are wearing masks, it prevents lawyers from gauging their reactions, Bouchette said. Defense attorneys won’t be able to approach a witness during cross-examination. Both of those can impact a person’s fair trial.
Bouchette described it as a balancing act with making sure defendants have a speedy trial, but also that everybody in the room is safe.
He said they want to make sure the accused are not being prejudiced by juries that feel rushed to leave for safety concerns or distracted during the trial.
This story was originally published July 28, 2020 at 12:59 PM.
