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Law360 (December 22, 2020, 10:15 PM EST) -- Georgia's Cobb County announced Tuesday that it has suspended in-person jury trials and limited all in-person proceedings amid local spread of the coronavirus "at unprecedented levels."
Cobb County Superior Court Chief Judge Robert Leonard's order scales back in-person proceedings to the essential functions of the court, amends courthouse safety guidelines and leaves any deadlines related to jury trials tolled in Georgia's third most-populous county.
"The Cobb Judicial Circuit recognizes that most in-court proceedings compel the attendance of various individuals rather than allowing them to decide how best to protect their own health, and further recognize that COVID-19 continues to spread in Georgia and Cobb County at unprecedented levels," the order said.
According to the order, the decision came after consultation with the chief judge of each class of the court in the circuit and public health experts. The order said any plans to restart jury trials will be made by a subsequent order by Judge Leonard.
It also stated that there will not be a limit on any court's ability to conduct virtual proceedings that are otherwise allowed by law, court rule or consent of the parties, regardless of whether it is considered an essential or nonessential court function.
Judge Leonard's order said that recent public health reports indicate that COVID-19 conditions are worsening dramatically in many parts of Georgia.
The updated safety measures in the order ask that those entering courthouses have a mask or face covering and maintain social distance, and encourage people to use the stairs to access upper floors. The order also asks that people not use water fountains and states there are limits on the number of people who may enter courtrooms.
Georgia Supreme Court Chief Justice Harold D. Melton previously said in October that in-person jury trials could resume in Georgia under county-specific plans prepared by state court judges. Justice Melton said a hold on speedy trial restrictions would remain.
Justice Melton was hesitant in early August to lift his jury trial suspension, given the COVID-19 infection and death rates in Georgia, but conceded by the end of that month that cases had to move forward with no end to the pandemic in sight.
--Additional reporting by Rosie Manins. Editing by Breda Lund.
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