After a challenging learning curve and uncertainty over how things might proceed in the face of the COVID-19 pandemic, Brevard judges in the 18th Judicial Circuit say they’ve adapted to a ‘new normal’ that just might become permanent.
Dealing with a backlog of cases, the lifted moratorium on evictions and the return to criminal jury trials, some judges say they will continue to utilize online hearings and video conferencing in addition to in-person duties. That hybrid model was utilized by Circuit Judge David Dugan during a recent lawsuit filed against the Brevard County Sheriff’s Office by FLORIDA TODAY.
County Judge Michelle Baker said it makes sense to continue conducting hearings electronically when possible.
“It saves money and time for the attorneys and the litigants, less travel time, and hopefully less stress,” she said. “It has been most useful and very accommodating for uncontested divorce hearings. Several attorneys want to continue with this practice.”
Circuit Judge Charlie Crawford said criminal cases started moving along once jury trials were restarted in July.
“The State Attorneys and defense attorneys have been moving cases expeditiously and will continue to do so,” Crawford said. “Trials are the catalyst to move all criminal hearings forward and we have an excellent plan to distribute jurors equally among the criminal divisions.”
Crawford said he would continue to allow virtual appearances after the pandemic for any non-evidentiary hearings. Those include docket soundings, status hearings and calendar calls for which attorneys typically had to travel back and forth to the courthouse for what many times is a five-minute hearing.
Virtual hearings do have certain drawbacks.
“We still face the challenge of seeing faces, having witnesses appear by Microsoft Teams that are not familiar with the program,” Crawford said.
Veterans Treatment Court has thrived during the pandemic, according to County Judge David Koenig.
January will mark a return to juries for civil trials. In order to keep the public safe, civil jurors will be reporting later in the morning than criminal jurors. They will also be reporting directly to the courtroom instead of the jury room.
There have been no civil jury trials since the shutdown early this year.
“There is a bit of a backlog but we’ll have to see how that plays out,” said Circuit Judge Michelle Naberhaus, adding that some parties, not willing to wait longer, may opt to settle before trial.
Overall, Naberhaus described the changes in how court business is conducted as a “positive thing.”
“It was a huge adjustment for everyone at the beginning, how to figure out video conferencing, technical problems, audio,” she said. “But it gives us the ability, in my opinion, to be more effective and go from hearing to hearing.
