Following a directive last month from the Chief Justice of the Utah Supreme Court, District Courts in the state are operating differently due to the coronavirus outbreak. And some items are being postponed.
But the courts are still open.
We talked this week to Judge Richard Mrazik, who recently began presiding at Summit County’s Third District Court. He told us the court is open for business.
“We’re here regular business hours. And although we have reduced staffing, and we’ve had to move to telephone hearings and video conferences to maintain the safety of our staff and the safety of the public so we don’t have people unnecessarily coming to court in person, we are open for business and we are an essential service. And we are here to help.”
He said one significant change is that jury trials have been postponed until after June 1st—since those proceedings normally can bring a large group of people to the courthouse. We asked, though, if this will interfere with the right of defendants to a speedy trial.
“The Federal Constitution and the Utah Constitution require a trial within a reasonable amount of time, and allows for delays of trial for reasons that justify it. And under our current circumstances and our inability to safely (a) bring in a group of potential jurors and empanel a jury—put eight people in close proximity during an in-person trial—there are reasonable bases to delay jury trials for the time being. Not forever. This’ll pass. And we will be able to conduct jury trials again.”
Judge Mrazik said that the court is attempting to do as much as possible remotely.
“And so, for example, any hearings for in-custody criminal defendants are being done by video conference. The jail has a video conference console. We’re able to get those defendants connected with the judge and their defense attorney and the prosecutor, all by video conference on a normal schedule. We’re doing a lot of civil hearings by telephone conference and may start doing those by video conference as well.”
He said if individuals cannot access the Internet, or don’t know how to use it, the staff is still available at the Silver Creek Justice Center.
Judge Mrazik said they will still act expeditiously for cases that require it, like defendants who are in custody, protective orders, or emergency orders in domestic-violence cases.
He said they also administer joint-custody cases—where children are traveling from one parent to the other—even while Summit County’s Stay At Home order is in effect.
“Well, we need to remember that parents have Constitutional rights, parental rights to parent their children. There are pre-existing court orders controlling custody arrangements. And under Summit County’s Stay At Home order, there is an exception for essential travel. And essential travel includes travel to comply with a court order. And so, as this specific circumstances or exigent circumstances, the general position is that child custody orders need to be complied with. And it is essential travel to move kids between their parents consistent with those court orders.”
Judge Richard Mrazik, who added that parties in a case are welcome to call the court if they have questions. He also advised citizens to look carefully at the court calendar notices of phone and video conferences.
