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WASILLA— Chief Justice Bolger issued special order Thursday, Aug. 6, extending the suspension of in-person criminal and civil jury trials for all Alaskan courts until November 2.
The order was put in place recognizing that in-person jury trials at the current time could be “detrimental to the health and safety of Alaskans because of rising COVID-19 case counts and increasing community spread,” according to a recent press release from the Alaska Court System.
The release stated that current circumstances makes it difficult to have jurors and all necessary trial participants gather in indoor settings for in-person jury trials.
“Although jury trials play a critical role in our justice system, Alaskans must be safe when fulfilling their civic duty as jurors and participating in a trial,” stated in the press release.
The order also stated that the chief justice will review whether to continue the suspension beyond November 2 around the time of September 18.
While the order suspends all jury trials in the system, it also allows presiding judges in their respective districts the opportunity to allow an in-person jury trial to proceed under “exceptional circumstances.”
“While delaying in-person jury trials will have an impact on the justice system, it is a necessary step for protecting Alaskans’ health and safety,” stated in the press release.
Any in-person jury trials conducted during this time frame will be under strict adherence to CDC recommendations and state and local health mandates. The chief justice may allow jury trials to continue as “pilot projects” to test health and safety procedures so the court can ensure jurors can serve effectively and safely before additional jury trials take place.
According to the press release, the chief justice has already authorized civil presumptive death trials to be held via videoconference.
The order does not affect grand jury proceedings, and it will not delay any proceedings other than jury trials.
Criminal hearings that can be done remotely including arraignments, bail hearings, change of plea hearings, sentencings, and bench trials decided by a judge without a jury will be able to continue as planned.
“The vast majority of criminal cases are resolved without a jury trial typically through negotiations between the prosecutor and the defendant,” stated in the press release.
Hearings in civil matters such as family law cases, domestic violence cases, and non-jury trials will also continue remotely to protect all parties and court staff.
For more information, visit courts.alaska.gov.
Contact Mat-Su Valley Frontiersman reporter Jacob Mann at jacob.mann@frontiersman.com