37th Judicial Circuit courts remain in phase two

VAN BUREN — The courts in the 37th Judicial Circuit, including Carter County, have been operating in phase two this month and may soon move to phase three.

“We actually started phase two on June 1; we still have been continuing to have limited appearances, where people are waiting outside, and then, we just call them in as their case is called,” said Associate Circuit Judge Steve Lynxwiler.

Like other courts, “we’ve marked the courtroom off,” indicating where people can sit while practicing social distancing, Lynxwiler said.

“Anybody that will be coming closer than social-distancing requirements are required to wear a mask,” Lynxwiler said.

Under Missouri Supreme Court guidelines, courts operating in phase two can have up to 25 in the courtroom.

“We’ve actually been trying to keep it to fewer than 25,” Lynxwiler explained. “… We can seat about 75 people normally, but the way we’re having to set up now to keep everybody six feet apart and keep our walkways, where people can walk through without being too close to somebody else, we can only have about 12” in the courtroom’s galley.

Lynxwiler said he and the other judges still are using WebEx and Polycom to do video conferences.

“We are giving not just the attorneys, but we’re giving the litigants, the parties, the opportunity to appear by video conference as well.”

According to Lynxwiler, operating in phase two has “gone pretty smoothly,” but “there’s been some hiccups.

“We’ve had some issues with technology as we’ve gone along. We’ve tried to work those out; people have just been patient as we’ve tried to deal with it.”

Using technology, Lynxwiler said, is not the best scenario.

“It would go a lot faster if we had people in person,” he said.

Lynxwiler described what happened Tuesday was a “prime example” when he tried to hold bond hearings.

“Everybody appeared by WebEx … Everybody could hear me, but I couldn’t hear anybody else,” Lynxwiler explained. “I ended up having to go to one of the attorney’s office … to use their system there.”

The jails, where Carter County’s prisoners are held, all have either video conferencing available at the jail or they can be taken into the courtroom for video conferencing.

New iPads were supposed to be set up on Tuesday, where “we can take those to the jail,” Lynxwiler said.

The iPads, he said, also are being shared with anybody — other courts or attorneys — who needs to use them for video conferencing.

“We’re trying to not just benefit us (with the iPads), but benefit anybody else that may need to use those in Wayne County or Shannon County especially,” the judge said.

The technology changes, Lynxwiler said, have been hard, but “I think once we get more accustomed to using it, it is going to benefit us all,” but “I’ve got to say it has frustrated me, like it’s frustrated everybody else at times.

“I was pretty frustrated (Tuesday) morning.”

Officials, he said, briefly began discussing Tuesday when the circuit may move to phase three.

“We are looking at maybe the end of June, first of July,” Lynxwiler said. “ … What this is going to mean for us is we’re still going to practice social distancing as far as the in-person proceedings go.”

Lynxwiler doesn’t expect a “big change between two and three as far as people in our courtroom because our temporary courtroom is somewhat limited in size.”

What phase three will allow, he said, is the resuming of jury trials.

“We’re trying to evaluate some different locations where we can do jury selection, so we can have a larger crowd of 100 people,” he said.

Van Buren’s community center or the high school gymnasium, Lynxwiler said, potentially could be used, so we “can space everybody out.”

The logistics, he said, will include using a public-address system and having the capability of recording the proceedings.

“For the rural areas, that is by far our best bet, to use the high school gym because the PA system is already there,” Lynxwiler said. “There is plenty room we can spread out.”

Lynxwiler said the state courts will have to approve “those locations if that is what we end up having to do.”

Resuming jury trials is a “real concern for us” as some are set for July and August, and some of the defendants are incarcerated, Lynxwiler said.

Going forward, Lynxwiler said, court personnel have to make sure the defendants “get their right to a speedy trial that’s guaranteed by the Constitution.

“The judges want that to happen; everybody wants to proceed, but we want to make sure everybody is protected too.”