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Morning Briefing

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Tuesday, Mar 24 2020

Full Issue

Courts Try To Keep Crippled Justice System Moving With Video Hearings, Home Detentions

As the coronavirus outbreak disrupts and delays most court proceedings, federal and state judicial and prison officials take steps to institute solutions and technological workarounds to try to restart criminal and civil cases.

Invoking the coronavirus crisis, the Justice Department has asked Congress to let more federal inmates serve their time at home and to steer scarce masks and testing kits to federal prisons ahead of other agencies, according to draft legislation submitted last week to congressional leaders. The department has also asked Congress to relax speedy trial rules and expand opportunities for law enforcement officials to use video conferencing for certain preliminary federal criminal and detention proceedings, like arraignments for newly arrested people. (Savage, 3/23)

Attorney General William Barr keeps a thermometer on his desk so he can take his temperature every time he prepares to go to the White House. As with every aspect of American life, the coronavirus has upended the Justice Department and the way its more than 113,000 employees across the country work, including the attorney general. More federal courts are drastically reducing operations, prisons are grappling with how to handle infections among inmates and criminal cases have stalled. (Gurman, 3/23)

The rapid spread of novel coronavirus throughout America鈥檚 communities has crippled courts across the country as judges, attorneys and defendants trying to come to grips with how to achieve justice under the law while balancing public safety concerns amid 鈥媋 pandemic. In conversations with ABC News, current and former judges, attorneys and public defenders painted a sobering picture: 鈥媕ury trials discontinued, ongoing cases significantly delayed, a scramble for technological work-arounds and empty courthouses nationwide as some judges issue rulings from home. (Mallin, Barr and Dwyer, 3/24)

Criminal and civil trials were discontinued in California for at least two months after a sweeping order was issued late Monday by the state鈥檚 chief justice that aims to sharply cut down public traffic in state courthouses during the ongoing coronavirus pandemic. Chief Justice Tani G. Cantil-Sakauye said in her order that court facilities were 鈥渋ll-equipped to effectively allow the social distancing and other public health requirements鈥 that have been imposed across California to prevent the spread of the novel coronavirus. (Hamilton and Queally, 3/23)

Despite the federal government's guidance to stay inside and many states' stay-in-place orders, the Bureau of Prisons is still moving inmates from facility to facility, internal documents obtained by ABC News show. One document, written to staff at the Metropolitan Correctional Center in New York City, says that inmate movement is suspended for 30 days, but at the end adds, 鈥淥ther case-by-case exceptions for judicial proceedings [are to] be brought to the attention of the appropriate Regional Counsel for consideration.鈥 (Barr, 3/23)

A WBUR investigation found that when people suffered from dire medical conditions in Massachusetts county jails, they were often ignored or mistrusted, with fatal consequences. The sheriffs and for-profit companies increasingly responsible for inmate health care face little oversight, and often have withheld the circumstances of these deaths from the public 鈥 even from inmates鈥 families. (Willmsen and Healy, 3/23)

Pennsylvania prison officials are defying a Philadelphia judge鈥檚 order to take a man on death row for a 1988 murder to an outside hospital for testing and treatment of coronavirus symptoms he developed this month.Lawyers for the Department of Corrections said Walter Ogrod, 55, is being adequately monitored and treated in prison medical facilities. They challenged the court鈥檚 jurisdiction to interfere with prison system operations in the context of a criminal case. (Roebuck, 3/23)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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