Amid surging coronavirus rates, Massachusetts’ trial court system will make changes to which cases it hears, and how many jurors it calls up in January.
Two district courts closed this week after staff tested positive for the coronavirus. To lessen strain on the court system and decrease risk of viral transmission in its buildings, spokeswoman Jennifer Donahue said the system will prioritize cases involving a defendant in custody and limit the number of jurors asked to serve on jury pools.
“All Courts are increasing COVID-19 mitigation protocols including additional health assessments of court users, increased social distancing, and the continued use of masks by all court users,” she said in an emailed statement. The trial court system also includes the Supreme Judicial Court and Appeals Court.
Donahue said the court system is not requiring proof of vaccination, but is asking people to check the website of each court they’re planning to visit and follow the outlined procedures. All Trial Court visitors are generally asked to self-screen at home to see if they have coronavirus symptoms. While the courts don’t list different COVID-19 rules, some do have certain proceedings available virtually, and outline what those are.
For example, in Family and Probate Court, uncontested adoptions and divorces can be heard virtually, as well as most actions involving child support, unless someone is found in contempt of their agreement.
Attleboro District Court temporarily shut down on Wednesday after several court staff in different departments tested positive for the coronavirus, some of whom were in court as recently as Tuesday of this week. District Court business will be handled by the Taunton District Court through the end of the week.
Pittsfield District Court is also closed due to court staff testing positive, and will continue to operate remotely until Jan. 3.
The state’s Committee for Public Counsel Services has been communicating with the Trial Court over the past two weeks, and will soon request changes in response to the omicron variant and the increase of cases, according to Robert McGovern, communications director for the group.
"We will be suggesting steps that we believe the court could take to better protect clients and attorneys and the public who come to the court each day,” he said.
The silver lining to some is that the trial system’s move to prioritize cases where people are already incarcerated could expedite their potential freedom. Elizabeth Matos, director of Prisoners Legal Services, said prisoners should be sent home to wait for their day in court, but if that’s not going to happen, this is a good step for prisoners to stay safe from COVID-19.
“We don't want people lingering in jail for prolonged periods of time without trials happening, when people who are pretrial are supposed to be getting a speedy trial,” she said. Remaining incarcerated increases their risk of exposure, she added.
Matos said there are concerns about mounting COVID-19 cases at county jails, including in Bristol, Hampshire and Essex counties. Vaccination rates among correctional officers and prisoners are lower than state prisons, she said. County guards don’t fall under Gov. Charlie Baker’s vaccine mandate for state prison employees.
