Plan in place to slowly bring back jury trials to Utah

The Scott M. Matheson Courthouse in Salt Lake City is pictured on Wednesday, Feb. 19, 2020. | Spenser Heaps, Deseret News

Potential jurors with health risks — or vulnerable family members — will have a chance to say if they’re fearful of participating

SALT LAKE CITY — Jury trials are slowly being reintroduced in Utah after some defendants have waited nearly a year during the pandemic for their day in court.

State courts officials announced Friday that an initial trial will be held in Salt Lake City on Jan. 25, followed by another in Duchesne next month. And they say they’re working with health experts to make the courthouses as safe as possible.

The precautions include rapid testing for jurors and a mask mandate for everyone except whoever is testifying at the moment. A glass box now surrounds the witness stand, with a pipe connected to a heavy-duty air filter outside.

“We’re quite excited about this. We’ve had a lot of jury trials that have been languishing and it’s absolutely killing us,” said 3rd District Presiding Judge Mark Kouris. “We’re getting the train back on the tracks, if you will.”

There is a current backlog of 165 incarcerated defendants awaiting trial just in Utah’s 3rd Judicial District alone, which includes Salt Lake, Tooele and Summit counties, Kouris said Friday.

Many of those cases are unlikely to ultimately go to trial and will instead be resolved in plea deals, Kouris said, but bringing the trials back will help speed up the process.

Prospective jurors will receive a postcard directing them to a website with a COVID-19 survey that will ask them about those risks and whether they’re afraid to serve on a jury.

Those who have health issues, or share a household with vulnerable people, will have a chance to indicate whether they feel comfortable coming to the courthouse, Kouris said.

For example, a person who lives with an elderly parent would be excused from having to report for jury service, he said.

The courts called off an earlier version of the pilot program because of a statewide spike in cases in November. The new plan comes amid a dip in statewide transmission rates and has the support of both prosecutors and public defenders, according to Kouris.

Jury trials have been on hold across most of the state as infection rates have remained too high to safely hold such proceedings in person. And while a limited number of court hearings are happening in courtrooms, most are being held online over video.

Several prosecutors and defense attorneys have resisted the possibility of trials held over video software, saying it’s key for those in the courtroom to read small cues that can provide clues about the credibility of witnesses.

This story will be updated with additional details.

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