Misdemeanor jury trials are starting back up at Alaska courts next month.
Those trials have been on hold since last March, amid concerns about bringing jurors into the courtroom during the pandemic. Courts have largely been holding hearings virtually.
Most criminal cases are resolved without trial. Misdemeanor cases in particular — including DUIs — are often either dismissed or resolved with plea bargains.
Still, there’s a backlog of cases that have been suspended over the past year.
“So when we resume, I think we’re going to have more trials than we had traditionally," said Kenai District Court Judge Martin Fallon.
The court hasn’t been able to hold those trials virtually.
“It’s a constitutional issue that hasn’t been squared and determined," Fallon said. "There’s a question as to whether having a trial on Zoom meets the constitutional, guaranteed right of confrontation.”
That’s the clause in the U.S. Constitution that says those accused in a jury trial have the right to be confronted by the witnesses against them.
Most misdemeanor defendants are not awaiting trial in custody. That’s more of an issue for felony trials.
Those trials aren’t set to resume until June due to safety concerns about the size of thier juries. While misdemeanor cases have juries of six, felony trials have juries of 12.
Meanwhile, the court has been carrying on with most of its business as usual.
“We’re still doing everything else," Fallon said. "It’s just that small slice — a very important slice, but that small slice of what we do here, the jury trials, that have been suspended.”
When jury trials resume April 19, the court will do its initial screenings for jury selection remotely. Potential jurors will fill out questionnaires online.
Litigants, jurors and court staff will all be distanced within the courtroom and there will be a mask requirement. Fallon says there will also be plexiglass screens and air filters in the courtroom.
