Area judge says could be summer before jury trials resume

The courts in the 35th Judicial Circuit will continue to operate at phase zero for the rest of the year in both Stoddard and Dunklin counties.

Presiding Circuit Judge Robert Mayer signed an order Dec. 2 lowering the circuit’s operating phase from one to zero due to an increase in COVID-19 cases in both counties and among court-related personnel. His order was in effect until Thursday, and it applied to all state and municipal courts in both counties.

Under Missouri Supreme Court guidelines, nearly all in-person proceedings are suspended in operating phase zero.

The exceptions are proceedings necessary to protect the constitutional rights of criminal defendants, including the rights to a speedy trial and bonds, and civil cases pertaining to such matters as orders of protection, emergency child custody orders, temporary restraining orders and emergency mental health orders.

“We are going to keep (phase zero) in place to at least the end of the year,” Mayer said. “We continue to have some people within the court system that have tested positive for the coronavirus.

“To be on the safe side, I’ve decided to keep us in phase zero until after the first of the year.”

Mayer said his criminal docket in Stoddard County Wednesday had to be canceled.

“Some people who are part of the judicial system were not available,” Mayer said.

The courts, he said, may move back to phase one after the first of the year. Circuits have to remain in any of the four phases for 14 days before they can advance to the next phase.

Phase one allows for more in-person proceedings to be held, but also limits the courtroom capacity to 10 people.

“From what I gather in talking with state officials and hear on the national news, it could be April or May before a good number of people are vaccinated” and jury trials could resume, Mayer said. “ ... We will have some trials as soon as we possibly can and keep everyone safe.”

Court officials, according to Mayer, will continue to monitor the situation closely.

“It’s a concern, and we want to process cases as quickly as we can, but, then again, we have to keep the safety of all participants in mind (and) keep in mind people getting justice and the fairness of their trails.”