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Law360 (June 24, 2020, 4:00 PM EDT) -- State courts in Massachusetts will open to the public for limited purposes on July 13, the Supreme Judicial Court said Wednesday, outlining the two-phase restarting of some in-person proceedings across the state during the coronavirus pandemic.
In the days leading up to July 13, the various court departments will post to a state website which types of proceedings can be handled in person and which will remain virtual.
More types of proceedings will become eligible to be held in person starting Aug. 10, the SJC said.
People entering the courthouses for business will undergo some form of screening, and the number of people inside the courthouse could be limited by staff, according to the order.
In line with past updates on the state courts' response to the COVID-19 pandemic in Massachusetts, no jury trials are expected to occur before Sept. 8. Grand juries also cannot be empaneled until Sept. 8, unless ordered by the SJC.
The court extended its continuance of bench trials until July 13 and urged judges to start to schedule civil and criminal bench trials "if they have not already done so." The SJC said it doesn't expect to delay bench trials any more unless "there is a new surge in COVID-19 cases in the commonwealth."
"Criminal bench trials shall be conducted in person unless the parties and trial judge all agree to conduct the trial virtually," the SJC said. "Civil bench trials may be conducted virtually in the discretion of the trial judge."
The SJC said criminal bench trials for defendants who have been waiting in custody the longest would get the highest priority.
While the slow reopening of the state's courthouses will begin in July, most of the court's business will continue to be held virtually.
Acknowledging an "increased reliance during the pandemic on cellphones," the SJC is suspending its ban on electronic devices for members of the public and allowing people to use personal devices in the public areas of the courthouse so long as their use isn't a disruption.
Addressing the issue of extending statutes of limitation due to the pandemic, the SJC declined to toll civil limits beyond June 30. Criminal statutes of limitation are further tolled from the current deadline of Aug. 31 until Sept. 30 due to the limited availability of grand juries.
The plan adheres to expectations set by SJC Chief Justice Ralph D. Gants in a letter to the bar in May, when he said the courthouses would be opened in a phased approach and only when visitors and staff could "both be safe and feel safe."
--Editing by Stephen Berg.
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