For the Defense - Vol. 5, Issue 3 - 45

A Snapshot Comparison between
the AOPC Guidelines and Attorney
Experiences of the First Trials during
Hillary Madden
the COVID-19 Pandemic
and Eric Closs

O

n June 25, 2020, the Administrative
Office of Pennsylvania Courts ("AOPC"),
issued "COVID-19 Guidelines for
Pennsylvania's Judiciary: Resuming Jury Trials"
as a guidebook for the Court of Common Pleas.
These guidelines were made available online.1
The document provides recommendations for
summoning jury panels, conducting voir dire,
and the manner in which a jury trial should be
conducted. The primary purpose of this article
is to compare the AOPC recommendations to
the experiences of criminal defense attorneys
during the first jury trials in the Commonwealth
conducted since these AOPC Guidelines were
published. 2

Jury Assembly
According to the Pennsylvania Department
of Health, indoor events and gatherings shall
not include more than 25 persons at one time.
While the Department of Health has indicated
that this specific prohibition does not apply
to the judiciary, the AOPC recommendations
state that courts "should comply with local and
state occupancy limitations."3 AOPC guidelines
state that "judges should consider using noncourthouse facilities such as hotel ballrooms,
school gymnasiums, convention centers, banquet
halls, empty retail buildings, and comparable
sites to gather the venire and conduct jury
selection while observing social distancing."4

Public defenders in Franklin and Monroe have
reported that their courts are considering using
local theatres to hold selection and possibly trial.
However, those cases have not yet proceeded to
trial.5
In June and July 2020, criminal jury trials did
resume in Berks, Lebanon, Potter, Franklin and
York counties. In Berks, Lebanon, and York
counties, jury selection was conducted in the
largest room in the courthouse; the jury assembly
room in York and, in Lebanon and Berks, the
auditorium. In Lebanon, prospective jurors were
individually brought to a separate courtroom
for voir dire and seated behind a clear plastic
sheet so their facial coverings could be removed
during questioning.6 In York and Berks, where
the jury panel was kept together, the jurors were
spread out to maintain social distancing making
it difficult for the attorneys to observe panelists
who were seated farthest away.7 In Berks County,
there were additional logistical issues in that
the jury was seated in the auditorium before
the defendant, who was incarcerated, arrived.8
The defendant's handcuffs were removed in the
hallway below the courtroom and the defendant
was escorted in with counsel.9

Pre-Screening Jurors for COVID-Related Issues
For in-person jury selection,10 the AOPC
recommends limiting the amount of people
Vol. 5, Issue 3 l For The Defense

45



For the Defense - Vol. 5, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 3

Contents
For the Defense - Vol. 5, Issue 3 - 1
For the Defense - Vol. 5, Issue 3 - 2
For the Defense - Vol. 5, Issue 3 - Contents
For the Defense - Vol. 5, Issue 3 - 4
For the Defense - Vol. 5, Issue 3 - 5
For the Defense - Vol. 5, Issue 3 - 6
For the Defense - Vol. 5, Issue 3 - 7
For the Defense - Vol. 5, Issue 3 - 8
For the Defense - Vol. 5, Issue 3 - 9
For the Defense - Vol. 5, Issue 3 - 10
For the Defense - Vol. 5, Issue 3 - 11
For the Defense - Vol. 5, Issue 3 - 12
For the Defense - Vol. 5, Issue 3 - 13
For the Defense - Vol. 5, Issue 3 - 14
For the Defense - Vol. 5, Issue 3 - 15
For the Defense - Vol. 5, Issue 3 - 16
For the Defense - Vol. 5, Issue 3 - 17
For the Defense - Vol. 5, Issue 3 - 18
For the Defense - Vol. 5, Issue 3 - 19
For the Defense - Vol. 5, Issue 3 - 20
For the Defense - Vol. 5, Issue 3 - 21
For the Defense - Vol. 5, Issue 3 - 22
For the Defense - Vol. 5, Issue 3 - 23
For the Defense - Vol. 5, Issue 3 - 24
For the Defense - Vol. 5, Issue 3 - 25
For the Defense - Vol. 5, Issue 3 - 26
For the Defense - Vol. 5, Issue 3 - 27
For the Defense - Vol. 5, Issue 3 - 28
For the Defense - Vol. 5, Issue 3 - 29
For the Defense - Vol. 5, Issue 3 - 30
For the Defense - Vol. 5, Issue 3 - 31
For the Defense - Vol. 5, Issue 3 - 32
For the Defense - Vol. 5, Issue 3 - 33
For the Defense - Vol. 5, Issue 3 - 34
For the Defense - Vol. 5, Issue 3 - 35
For the Defense - Vol. 5, Issue 3 - 36
For the Defense - Vol. 5, Issue 3 - 37
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For the Defense - Vol. 5, Issue 3 - 40
For the Defense - Vol. 5, Issue 3 - 41
For the Defense - Vol. 5, Issue 3 - 42
For the Defense - Vol. 5, Issue 3 - 43
For the Defense - Vol. 5, Issue 3 - 44
For the Defense - Vol. 5, Issue 3 - 45
For the Defense - Vol. 5, Issue 3 - 46
For the Defense - Vol. 5, Issue 3 - 47
For the Defense - Vol. 5, Issue 3 - 48
For the Defense - Vol. 5, Issue 3 - 49
For the Defense - Vol. 5, Issue 3 - 50
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For the Defense - Vol. 5, Issue 3 - 56
For the Defense - Vol. 5, Issue 3 - 57
For the Defense - Vol. 5, Issue 3 - 58
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