CHARLESTON, W.Va. — West Virginia’s high court has ruled COVID-19 closures will not violate a defendant’s right to a speedy trial.
State Supreme Court Chief Justice Evan Jenkins tells MetroNews those rights are protected by both the United States and West Virginia constitutions. The action came in response to a filing by a Huntington who has been behind bars for more than a year awaiting a trial on murder charges, according to the Herald Dispatch.
“That case certainly will set precedent for other challenges that come before the court,” Jenkins said about the delay of trials due to pandemic closures.
On Friday, Jenkins issued an administrative order that revoked some COVID-19 health protocols in West Virginia courts. That includes the lifting of mask and social distancing requirements. Circuit Court and Family Court judges can also issue temporary ordinances in consultation with local health departments. The rollback comes in response to West Virginia’s low COVID-19 case rate.
Jenkins said the order encourages local judicial officers to continue to conduct virtual hearings when appropriate.
“There are some efficiencies in the use of this new investment in technology and the flexibility that the Supreme Court has given the judicial officers throughout the state,” he said.
The Supreme Court will continue to reinstate protocols if there are health concerns. Jenkins said that includes setting specific times for oral arguments.
“That keeps people from having to show up and wait,” he said.
Nearly 1,500 employees work for the state’s judicial branch including 300 probation officers that supervise nearly 10,000 people daily.
Jenkins praised the workers adding, “these folks have done amazing work to continue with drug testing, home checks and work visits. Yes, the judicial branch is judges and courtrooms, but it is also dedicated to judicial employees who work to ensure public safety.”