Sussex County ready for first jury trial

New protections and policies have been put in place as Sussex County Superior Court anticipates its first jury trial since the COVID-19 shutdown began.

Sean O'Sullivan, chief of community relations for Delaware's courts, said he did not yet know what trial was scheduled for Monday, Nov. 9, but it will involve a defendant who is not incarcerated.

“We're trying to make sure it's not complicated,” he said during a Nov. 2 tour of Sussex County Superior Court. “This way, we won't have to worry about where to lock up the defendants.”

Social distancing, face coverings and sanitizing will be strictly enforced; everyone entering the courthouse first walks past a thermal scanner that can detect if someone has a fever. “If it shows someone has a fever, they would be sent home,” O'Sullivan said.

Jurors will be brought through an entrance at the rear of the courthouse, separate from the public entrance, and jury pools will be split into two sessions to keep social distancing at the maximum. Each juror will answer an expanded questionnaire to determine if they have been exposed to the virus.

Only the largest courtroom in the building will be used for jury selection and the trial, O'Sullivan said.

The first jury trial in the state was held recently in Kent County – a driving under the influence case that took three days. So far in New Castle, O'Sullivan said, no jury has had to be summoned because cases have been resolved beforehand through plea agreements.

As trials begin across the state, O'Sullivan said, officials will get a chance to see what works and what doesn't. In New Castle, Plexiglas jury pods are being tested, and if jurors are able to see and hear proceedings easily, the three-sided clear dividers may be utilized in other courtrooms. “We think that has real potential,” he said.

Court officials are also contemplating using Zoom or closed-circuit television for other trials in order to keep proper social distancing.

Delaware courts have used a phased opening since closing down completely in March. A modified reopening remains in effect, with many court employees continuing to work from home. If COVID-19 continues to surge and further shutdowns are needed, O'Sullivan said officials are prepared to take action. But for now, they are moving forward with bringing back jury trials.

“We needed to restore jury trials because it is a right,” O'Sullivan said.