U.S. District Judge Stefan Underhill for the District of Connecticut. U.S. District Judge Stefan Underhill of the District of Connecticut. Courtesy photo

What is the right balance between public safety and a defendant's right to a fair and speedy trial in a criminal case?

Criminal defense attorneys throughout Connecticut were mulling just that as news emerges that precautions over the spread of the coronavirus have led federal and state courts to stop  jury selections and trials until at least April 13.

"The last thing you want is a distracted jury," said William Bloss, of Koskoff Koskoff & Bieder in Bridgeport. "And right now, jurors will be distracted."

Like Bloss, some criminal defense and civil liberties attorneys say the delay is needed. But others question whether it's fair to defendants facing criminal charges.

"It's a very tough call," said East Hartford attorney Larry Adler, whose practice includes civil and criminal litigation. "The problem is you might have someone sitting in jail that cannot afford bond that is presumed innocent. The question is: Can you overcome the public fear by doing some screening of potential jurors, so that you eliminate the concerns and the exposure, so you can allow a trial to go on?"

Adler conceded it's a difficult issue.

"Maybe the judges had a lot more information being given to them then we have about what the medical condition is of Connecticut residents and the jury population," he said.

Criminal defense attorneys Bloss and colleague John Williams said that while it's not an ideal situation, they understand the need to delay jury selection and jury trials to protect the public.

"It's not a great thing to postpone jury trials, but the alternative is worse," Bloss said. "I don't want a criminal defendant of mine being judged by a jury that is worried every time a fellow juror sneezes or coughs."

 

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Nationwide delays

On Wednesday, U.S. District Chief Judge Stefan Underhill of the District of Connecticut issued the order delaying any new jury selection and jury trials for criminal and civil matters in the state's three federal courts until April 13.

Then on Thursday afternoon, word came from the state court's that all superior courts in the state would follow the lead of the federal courts, and also forgo all future jury selection and jury trials until mid-April.

Federal and state courts are set to remain open for other business.

"The interest of public safety outweighs the public interest and defendants' interest," Underhill said in a telephone interview Thursday. "We are worried about jurors in small jury rooms, and it's imperative that we not place jurors in a situation that puts them at risk for health consequences."

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Connecticut is not the first state to delay jury selections and trials.

For example, at least 24 Texas judges in Harris County who handle civil cases announced they wouldn't hold jury trials in March because of the COVID-19, or coronavirus, outbreak.

And in Georgia, Cobb County superior courts have adopted a more lenient policy allowing jurors who are anxious about possible exposure to coronavirus or who are sick to defer services.

In Connecticut, Dan Barrett, legal director for the American Civil Liberties Union of Connecticut, said the group had no position on the matter.

"We are monitoring the situation closely," he said. "We also want to make sure the courts are consistently evaluating its needs to restrict access to the courts."

Meanwhile, longtime New Haven attorney Williams agrees with the court's measures.

"They had absolutely no choice but to delay jury trials," he said. "This is not a joke. People are taking this virus seriously, and they need to take it seriously."

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