Criminal trials in Philadelphia have gotten off to a rocky start with two cases delayed over safety concerns, and an ultimatum last week from the Defender Association of Philadelphia threatening to no longer staff jury trials unless they are given a date certain for when defense attorneys will receive vaccinations.
While those immediate tensions appear to have subsided, with the Defender Association saying they are in talks over the concerns, many criminal defense attorneys are still worried about safety.
“While many judges are doing the best that they can, the system cannot work until all parties are safely protected. Court staff, lawyers and the public are in constant jeopardy,” attorney Michael Diamondstein said. “There are simply too many moving parts for courts to function safely when the public is involved.”
Earlier this month, one of Diamondstein’s clients was exposed to an incarcerated person who had tested positive for COVID-19 while the client was on his way to trial, which led to potential exposures of attorneys and court staff and led the trial to be postponed. The incident was first reported by WHYY.
A spokesman for the court confirmed that two trials have been postponed for medical reasons since jury trials were set to restart beginning March 1.
The incidents have fueled frustrations and concerns, leaving some attorneys to call for increased use of videoconferencing technology and others to question whether more needs to be done to ensure safety.
However, there are some signs that safety concerns are being addressed.
Chief Public Defender Keir Bradford-Grey issued a statement March 10 to court leadership and city officials asking for “a definitive, time-specific commitment” for when staff attorneys for the Defender Association would be vaccinated.
“Absent this commitment, we feel we have no choice but to take the initial step of refraining from staffing jury trials until we have support from the Health Department as an immediate priority group and are able to take part in the existing vaccination clinics,” she said.
Later in the week, an email circulated among the defense bar saying that an arrangement had been made with a private provider where defense attorneys could be considered for 1B classification due to their work in congregate care settings—namely having to visit prisons.
However, when reached for comment about the agreement, a spokesman for the Defender Association said the group was still in talks about the vaccines. And a spokesman for the Mayor’s Office said all members of the legal profession, including criminal defense attorneys, are still in the 1C classification for vaccines, but also noted that some lawyers can be in the 1B classification because of their age or risk factors.
A court spokesman said also, “It would be premature to speculate about any potential scheduling issues that may arise.”
Still, despite the mixed messages, several defense attorneys are hopeful they will be receiving vaccines soon.
“They need us criminal defense attorneys to move these cases,” defense attorney Troy Wilson said. “Until you can help us to feel good about getting vaccinations, this problem is not going to get resolved.”
According to court spokesman Gabriel Roberts, each courtroom of the four courtrooms being used for trials at the Juanita Kidd Stout Center for Criminal Justice has been outfitted with Plexiglass and social distancing markers. Jurors are sitting in the jury box and gallery of the courtroom to ensure social distancing.
Exhibits can be presented both in person and through video monitors, Roberts said, and juries will deliberate in an adjacent courtroom that allows for social distancing. The public will not be allowed into the trial courtrooms, but can watch the proceedings in designated courtrooms where the trials will be shown through video.
Jury selection is taking place Monday through Thursday, with a total of 120 people being called each day, Roberts said.
Since the two trials were postponed earlier this month, the city announced it would begin rapid testing of all incarcerated people before their court dates, according to WHYY.
Attorneys, however, have raised concerns over what they see as a lack of information coming out of the court regarding when someone tests positive for COVID. Roberts, however, said the court has developed a contact-tracing program to notify people of potential exposure if they come within six feet of an infected person for 15 minutes or more.
More generally, attorneys also said there is also a lack of uniformity when it comes to which proceedings can be done virtually and which must be done in person, and that confusion is fueling frustrations. Some judges, according to attorneys, are requiring lawyers to appear for bail cases and when all parties agreed to a continuance, forcing them to come to a building when safety concerns continue to linger.
“I don’t know if some judges are taking seriously that these silly things are risking your health,” defense attorney Marni Jo Snyder said. “It’s like we’re being treated not like human beings, but like lawyer machines.”
See what the local and national media are saying about Michael Diamondstein and his cases.
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