Maryland courts are scaling back operations and suspending most trials until January due to a surge in COVID-19 cases, Maryland Court of Appeals Chief Judge Mary Ellen Barbera announced Thursday.
As the state’s department of health announced Friday, Maryland hit a record-high 1,869 new COVID-19 cases and the statewide positivity rate had risen to 5.87%.
All criminal and civil trials in Maryland state courts will be postponed, Thursday’s order said, except for trials where a jury has already been selected. Some state courts will continue to hear a limited type of criminal and civil cases remotely or in-person.
The courts are dialing back to Phase Three of the five-phase reopening plan — the courts had resumed jury trials under Phase Five in early October. The Baltimore Sun first reported the changes.
“After consultation with the leadership of the Maryland Department of Health and Judiciary leaders, I have determined that the Maryland Judiciary must return to restricted operations as described in Phase Three in response to the rapidly increasing number of COVID-19 cases in Maryland,” Barbera said in a statement. “The health and safety of the public, judges, and Judiciary staff remains a top priority, and we will continue to monitor the COVID-19 heath emergency and adjust Judiciary operations as necessary.”
Under Barbera’s administrative order, called the “Re-imposing the Statewide Suspension of Jury Trials,” only certain types of cases will continue to be heard during Phase Three. In district court, that includes certain types of criminal, traffic, civil, domestic violence, peace orders, Extreme Risk Protective Orders, and landlord-tenant cases. In the Circuit Courts, civil, criminal, family, Child in Need of Assistance, and juvenile cases will continue to be heard, per the order.
Jury trials that haven’t been seated in state courts will not be held until the courts re-enter Phase Five. That won’t happen until at least January 4, per Barbera, and even then, another order could be put in place delaying the reopening.
Clerks offices will remain open, and grand juries that are already in session may continue “at the discretion of the administrative judge or his or her designee,” the order states.
The changes come just after the federal courts in the state announced they would be closing for at least two weeks starting Monday, also due to a spike in coronavirus cases.
On Wednesday, Maryland recorded 1,714 new cases, its largest daily case count since May. The reversal of the courts’ reopening plans represents a larger trend across the state, as Maryland counties impose greater restrictions — on Tuesday, Gov. Larry Hogan lowered the restaurant capacity to 50% (down from 75%) and the state health department announced plans to increase hospital capacity.
Elliot C. Williams