State, federal jury trials in South Carolina put on hold due to coronavirus

All federal and state jury trials across South Carolina were put on hold Monday.

“Non-jury trials and other hearings may continue at the trial judge’s discretion, but only attorneys, their clients and necessary witnesses will be allowed to appear,” S.C. Supreme Court Chief Justice Don Beatty posted on the state Supreme Court website Monday in a memo to state circuit court judges, family court judges, probate court judges, solicitors (prosecutors) and public defenders.

Beatty specifically cited the coronavirus threat as the reason for the postponements. He did not mention when full court operations might resume.

Several hours later, Chief U.S. District Judge Bryan Harwell ordered all federal civil and criminal jury trials, jury selections and grand jury proceedings scheduled through May 8 to be postponed “to protect public health and reduce the size of public gatherings and unnecessary travel.”

Harwell also cited the coronavirus public health emergencies declared by President Donald Trump and S.C. Gov. Henry McMaster on Friday.

Harwell also cited the coronavirus prevention technique called “social distancing,” whereby people attempt to keep several feet away from others. Coronavirus is easily transmitted through air and touch, and people who appear without symptoms may in fact be carriers of the potentially fatal disease.

“This technique ... is especially important for those individuals with a higher health risk (those over 60 years or age, those with underlying health conditions and those who are pregnant),” Harwell wrote.

Both Beatty and Harwell said that in some circumstances, video conferencing may be an acceptable workaround.

For state courts, Beatty also canceled ”all roll calls and any other large gatherings” until further notice. But, he said, state courthouses should remain “available” for the acceptance of filings and payments and emergency hearings.

Beatty said the state’s family courts will only hear emergency matters including juvenile detentions and orders of protection in domestic abuse cases.

In another memo, to magistrates and municipal judges, Beatty wrote that they too should postpone all jury trials but said non-jury trials and other hearings could continue.

In his message to magistrates, who are often the first judge a criminal defendant encounters, Beatty added that, “Any person charged with a non-capital crime shall be ordered released pending trial on his own recognizance” without putting up a bond, as long as they are not a flight risk or a danger to the community.

Fifth Circuit Solicitor Byron Gipson, who oversees all criminal prosecutions in Richland and Kershaw counties, said, “The chief justice is doing what is best for all the citizens, and we stand behind any decision that he makes with regard to trials and public gatherings.”

South Carolina courthouses, especially state courts, are usually bustling public places where lawyers of all kinds mingle with the public, law officers, judges, potential jurors and various courthouse employees.

On Sunday night, the Centers for Disease Control and Prevention recommended no public gatherings of more than 50 people. And Monday, Trump said people should avoid gathering in groups of 10 or more. “We have an invisible enemy,” the president said at a news conference.

This story was originally published March 16, 2020 at 4:24 PM.