ANOTHER VIEWPOINT: Backlog of court cases concerning

<p>While COVID-19 restrictions have loosened, the dockets for some of the state’s busiest courtrooms are already filling up for 2022.</p><p>Indiana Supreme Court Chief Justice Loretta Rush halted all in-court jury trials statewide in mid-December before lifting the order on March 1. During that time, cases piled up across Indiana — including in Bartholomew County, where local judges were already only conducting essential court matters.</p><p>Bartholomew Circuit Court Judge Kelly Benjamin said that her court used to set 15 to 20 cases on a jury trial day, but now estimates it will be 33 to 40 on average.</p><p>Most of the cases will end in plea bargains, but the likelihood of an extended jury trial — which would cause further delays — is far more likely at present, Benjamin said.</p><p>But Benjamin isn’t the only judge in the county gearing up for an increased workload.</p><p>Superior Court 1 Judge James Worton said he expects he will be presiding over at least one trial each week through June. In Superior Court 2, Judge Jon Rohde said there are only two weeks this year where a jury trial has not been scheduled, so trials are now being put on the calendar for next year.</p><p>As far as which cases get seen first, the judges will be prioritizing. Defendants in jail who have not been convicted, because they have constitutional rights, will thankfully be at the front of the line.</p><p>There’s no perfect solution to the issues the courts are facing, but continuing to delay cases because of the pandemic would be problematic for all sides involved.</p><p>Indiana Supreme Court orders led to the setting aside of fast and speedy trial requests — which are guaranteed to citizens via a clause in the Sixth Amendment — while face-to-face trials were suspended. Worton said that with so many upcoming trials, there could be issues if two defendants both want fast and speedy trials at the same time.</p><p>“We may have to prioritize whoever has been in jail the longest,” Worton said. “That means people who are not in jail who are criminal defendants get pushed down the calendar further. And that’s not even talking about civil trials.”</p><p>Health and safety precautions must remain a priority moving forward, but any new restrictions shouldn’t shut down the judicial system like it did before.</p><p>Thankfully, Benjamin and Rohde have been permitted to conduct jury selections in the spacious Nugent-Custer Performance Hall at the The Commons , and Worton’s courtroom is large enough to move small clusters of people to select juries.</p><p>The Bartholomew County Health Department is also providing guidance on how to keep any potential spread of the virus under control.</p><p>As of Tuesday, no jury trials had been held in the county. However, the Circuit Court and Superior Court 1 both said there’s potential of having one as early as March 23.</p><p>Hopefully no more delays will be needed, and the courts can start to catch up on their cases. In the meantime, those awaiting trial will continue to wait for their day in court.</p><p><em>Send comments to <a href="mailto:[email protected]">[email protected]</a>. </em></p>