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NEWS                                       JULY 20, 2020 ¦ 11

Connecticut Federal Courts Postpone
     Criminal Jury Selection, Trials

                                                By Robert Storace

Criminal jury selection and                                              the jury box. That way, people are
       trials in federal courts in Con-                                  more spread out.”
       necticut have been pushed
back from Sept. 1 to Nov. 2.                                               Civil trials, he said, are resuming
                                                                         before criminal trials for several rea-
U.S. District Chief Judge Stefan                                         sons, including the fact that, in most
Underhill of the District of Con-                                        cases, more people attend criminal
necticut made the announcement                                           trials than civil trials, and it’s harder
via a posting on the federal court                                       to social distance.
website. The announcement also                                           “The public often doesn’t show
states that—due to the COVID-19                                          up for civil trials, and that’s anoth-
pandemic—civil jury selection and                                        er reason why civil trials go before
trials are still slated for Sept. 1.                                     criminal ones,” Underhill said.
  Underhill told the Connecticut          U.S. District Judge Stefan     “Criminal trials also have 12 jurors
                                          Underhill for the District of  and there is more interest in them
Law Tribune on Thursday it was           Connecticut. Courtesy photo     than civil cases. Usually, in criminal
becoming evident that returning to
criminal trials Sept. 1 was just not feasible.     cases, a victim wants to be present and you often
“We had no choice but to push back the date of have members of the media present.”
criminal trials because of concerns of jury safety, While it’s hard, Underhill said, to pinpoint how
lawyer safety, the safety of defendants and the safety many weeks or months of a backlog there will be in
of court personnel,” Underhill said.               cases due to the health pandemic, he did say, “we are
Underhill continued: “Two things have to be true approaching 300 defendants on the criminal side who
before we return to normal. It has to be safe and peo- need to have cases resolved either by a trial or guilty
ple have to perceive it’s safe. There may be a period of pleas. There is more of a backlog on the criminal side.”
time when we achieve No. 1 and when we achieve No. Safety protocols in the federal courthouses con-
2. Jury service is a civil responsibility, but it shouldn’t tinue, the judge said.
be something where people fear for their safety.”  “Everyone is required to wear a mask, and court-
The state’s federal courthouses are located in rooms have been marked off to enforce the six-foot
Bridgeport, New Haven and Hartford.                rule,” Underhill said. “Literally, we have blue paint-
Underhill says he receives guidance on the open- ers tape that identify places to sit that are six feet
ing of the federal courthouses from “watching what away. It’s all very frustrating, but we are in a pan-
the government does, looking closely at what the demic and we really don’t have much of a choice.”
CDC (Centers for Disease Control and Prevention) As of late Wednesday afternoon, and according to
is recommending and by listening to the medical ex- the office of the governor, Connecticut had recorded
perts. We are also keeping a finger on the pulse of 45,653 cases of COVID-19 and 3,505 deaths from
the community.”                                    the virus.
The coronavirus has and will force the court ad-                                                    ¦

ministration, Underhill said, to be creative and to Robert Storace covers legal trends, lawsuits and
think out of the box.                              analysis for the Connecticut Law Tribune. Follow
One possibility being considered, Underhill said, him on Twitter @RobertSCTLaw or reach him at
“is putting jurors in the gallery and the witnesses in 203-437-5950.

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