Increasing COVID-19 deaths, cases across South Carolina shutting down grand juries

Increasing cases of coronavirus and COVID-19 deaths across South Carolina are claiming another victim: the state’s grand juries.

Due to the spreading coronavirus, no new grand juries will be called in counties around the state for the foreseeable future, S.C. Supreme Court Chief Justice Donald Beatty wrote in an edict published Wednesday.

Grand juries are confidential groups of citizens, numbering no more than 18, that convene regularly in county courthouses around South Carolina and hear initial evidence from law enforcement before bringing indictments against defendants. They are essential cogs in the state’s criminal justice system. Charges can still be brought against defendants by arrest warrants.

Being confidential bodies, grand juries generally meet in small closed rooms — which, in a time of the highly contagious, sometimes fatal disease — could provide the perfect conditions for people infected with the virus to spread it to others. Scientists believe the virus is largely spread through the air.

Last week, Beatty called a halt to all state jury trials in South Carolina.

In Wednesday’s order, Beatty wrote, “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 appropriate to temporarily suspend the selection of new grand jury members.”

Under state law, grand juries have a total of 18 members, who are selected around December of each year. Grand jurors may potentially serve two years.

State law says that during the last term of state criminal court in a county, the clerk of court shall randomly pick six of the 12 grand jurors who have just finished serving their first year as grand jurors. Those six will stay on and serve a second year, along with 12 new members picked randomly by the clerk of court.

“This decision has been made after discussions with Clerks of Court throughout the state, who reported the need to summon large numbers of potential grand jurors in the near future in order to select a new grand jury for the 2021 calendar year, and that many locations lack adequate facilities to allow for social distancing during this process.”

“It is therefore ordered that grand juries shall not be convened for the purpose of selecting new grand jury members. Previously established grand juries may convene during the month of December 2020 for the purpose of considering the presentment of indictments.”

“At all times, the participants in this process shall adhere to proper COVID-19 protocol, to include social distancing and the use of personal protective equipment. This Order affects the county grand juries throughout the state as well as the State Grand Jury.”

Early Wednesday afternoon, the S.C. Department of Health and Environmental Control reported the latest daily figures for COVID-19. They include 2,139 new cases and 26 confirmed deaths. It is the state’s sixth straight day of reporting more than 2,000 new cases.

That brings South Carolina’s total cases since March up to 223,140. Total coronavirus cases stand at 4,280.

This story was originally published December 9, 2020 at 2:08 PM.