District court adjusts to COVID-19 realities
Preliminary hearings are taking on a new look in the age of the coronavirus.
The changes spelled out on paper last week were put into practice Monday at the office of District Judge William Fullerton in Butler.
Those changes were implemented to head off the spread of COVID-19.
Earlier this month, the Pennsylvania Supreme Court issued an emergency order that closed all district judge courts to the public until April 14, with the exception of preliminary arraignments and preliminary hearings.
But preliminary hearings would be only for imprisoned defendants.
The starkest difference Monday in the new format is the lack of the defendant in the courtroom. The hearings, instead, were held by video call with the incarcerated accused brought into a designated room at the Butler County Prison for proceedings.
Videoconferencing is being used to prevent the possible transmission of COVID-19 by keeping inmates from being transferred between the county's seven magisterial courts and the prison.
The defendants could be seen on the screen of a laptop computer placed on Fullerton's bench for all to view. The defendant, likewise, could see the goings on in the courtroom.
Along with Fullerton, other key players were allowed in the courtroom, including the arresting officer, the defense attorney and the court reporter, if one was requested.
The media is also permitted in; the general public is not.
When inside, all the parties appeared to do their best to practice social distancing — standing or sitting no less than 6 feet apart from one another.
Before the start of each hearing Monday, the courtroom cleared out to allow a private conversation between the defendant and his or her attorney.
The other players lingered in the hallway with other police officers and attorneys waiting for their own hearings on the day's calendar.
Not surprisingly, Monday's hallway conversations were heavy on COVID-19.
Once the attorney-client conversation was over, the participants for that hearing were allowed back in.
“It's difficult not having your client with you at the hearing,” said public defender Ryan Helsel after the morning session of hearings was finished.
Having his client next to him in the courtroom, Helsel noted, makes it easier to discuss a prosecution witness' testimony, and strategize for cross-examination.
“But it's probably the best we can do to keep everybody safe,” Helsel said of the new format. “I'm thankful that people incarcerated are still getting due process here today.”
