Ask Judge Smith
Pandemic has created a logjam of cases at courthouses
Typically, your county courthouse is a happening place. It provides office space for judges, deputies, clerks, prosecutors, public defenders, county commissioners, and staff. Lawyers, parties, witnesses, and jurors go there for hearings and trials. Reporters visit to cover breaking news, and citizens go for services.
This bee-hive of activity came to an abrupt halt when the pandemic hit. To prevent courthouses from becoming COVID-19 super-spreaders, the Supreme Court suspended jury trials, in-person hearings, and many deadlines.
Since March of 2020, the judiciary has followed strict COVID-19 protocols. Judges have adopted and refined the use of technology to move cases without the risk of infection. We have worn masks, observed social distancing, disinfected commonly touched surfaces, etc. We’ve been tested, inoculated, and quarantined.
If I had a penny for each time I’ve washed my hands since March of 2020, I’d be rich! As an upside, I have not been sick and plan to keep washing my hands with the frequency of a surgeon.
Like most Americans, judges have largely kept to their homes and offices, and few of us became sick. To date, none of the roughly 1,000 people who serve as your state judges have died from the pandemic.
Judges have worked with prosecutors, defense attorneys, sheriffs, and the Department of Corrections to reduce the inmate population to prevent further outbreaks.
Notwithstanding, judges have kept as busy as possible resolving actions. During this fiscal year, state trial courts will dispose of 2,900,000 cases!
The bad news is that putting safety first has come with some costs. Statisticians estimate that by July 1, 2021, the state will have an extra 1,200,000 pending cases. Why so? It’s because holding no jury trials or in-person hearings for over a year has created a log jam.
When parties don’t know how a jury will decide their case, the uncertainty weighs on them, and they often come to terms. Without the incentive of imminent jury verdicts, the parties have settled fewer cases during the pandemic. When the courts fully reopen for business, we expect to be hit by an avalanche of pent-up demand.
My Leon County circuit civil colleagues and I are already responsible for managing around 1,000 lawsuits each. As our dockets explode, we will be akin to jugglers with lots of balls in the air.
So, what can we do about it? Be patient! It took 18 months to create this backlog, and it will likely take twice that long to eliminate it.
It’s kind of like going on a diet. We’ll have to take it a day and a case at a time. You have heard it said that justice delayed is justice denied. However, justice is not only about speed, especially when people’s health is at risk. What matters most now is fairness and getting things right on the merits — as soon as possible.
You can expect your trial judges to roll up their sleeves and schedule a lot of trials. Heavy trial dockets will result in scheduling conflicts, but everyone must push through to make it work. The parties in civil lawsuits must either dismiss, settle, or try their cases. Likewise, prosecutors and criminal defense attorneys must either dismiss, plea out, or try their cases.
Spoiler alert for everyone concerned. The Supreme Court has directed trial judges to move their cases and to discourage delays. We will grant fewer continuances. So, let’s get to work, and please don’t shoot the messenger.
The Honorable J. Layne Smith is a Circuit Judge, author, and public speaker. Send your questions to askjudgesmith@gmail.com.
