COVID-19 forces closure of all state jury trials, SC Chief Justice Beatty rules

Citing the increasing ravages of COVID-19, S.C. Chief Justice Don Beatty on Thursday announced that after Friday no jury trials will begin in civil or criminal court across South Carolina.

“I ... find that in light of the ongoing increase in COVID-19 cases throughout South Carolina, and the expectation by the medical community and experts that the number of positive cases will continue to increase in the near future, it is prudent to once again make changes to the operations of the circuit courts for the protection of those who work within the courts, as well as those who serve our state by participating in jury service,” Beatty wrote.

Thus, “IT IS ORDERED that the circuit courts statewide shall not commence any jury trials after December 4, 2020 (Friday),” Beatty wrote.

Beatty’s order was sent out late Thursday afternoon to various court officials across the state. He did not say whether any particular incident had prompted his order. But the precaution, taken as COVID-19 cases and deaths are rising in the state, shows the court’s attentiveness to the seriousness of the sometimes deadly disease.

Previously scheduled non-jury court hearings may continue, Beatty wrote. Wherever possible, he encourages such hearings to be done remotely.

In May, Beatty called off jury trials, then reinstated them, albeit with precautions.

In Richland County this week, potential jurors were summoned to a large courtroom for upcoming trials. They went through initial screening. Those summoned wore masks and were seated at least six feet apart.

“Any Order allowing the resumption of jury trials will be issued at least three weeks prior to the affected date to allow for the proper summoning of jurors,” Beatty wrote.

That means that no jury trials will likely begin in state courts until mid- or late January at the earliest.

COVID-19 is a highly contagious respiratory virus that has killed more than 275,000 Americans since last spring, including 4,444 South Carolinians, according to the S.C. Department of Health and Environmental Control and Johns Hopkins University. Vaccines are in development, but not available yet, and there is no proven cure.

Jury trials are by their very nature potential superspreader events, where people can easily catch COVID-19. Once a jury is chosen, it normally deliberates and takes recesses in small, closed rooms.

Currently, more than 2,000 Americans a day are dying of COVID-19.

While some doubt the science or rebuff masks as infringing on their personal freedoms, medical experts overwhelmingly agree that wearing a mask and social distancing are proven methods of avoiding catching the potentially deadly virus and spreading it to others.

This story was originally published December 3, 2020 at 8:39 PM.