STORIES OF COVID-19 AND BEYOND By: Steven W. Sword Criminal Court Judge, Division I Sixth Judicial District
FROM THE PIT TO THE PALACE There is a wonderful story from the book of Genesis where Joseph is thrown into a pit to die by his jealous older brothers. They eventually decided to sell him into slavery and tell their father that he had been killed by wild animals. However, Joseph was such a faithful servant that he ended up being placed in charge of all the land of Egypt, second only to Pharaoh in power. He ruled wisely through a period of prosperity and a period of famine. When his brothers discovered he was alive and in power they fell down before him and cried out. Joseph replied with the fateful words, “what you meant as evil against me, God meant for good, to bring it about that many people should be kept alive.” Such is oft the case in life. The hardest challenges we face end up leading to the greatest progress. The criminal justice system has not been immune to the hardships created by the COVID-19 pandemic. Yet, these new challenges necessitated new ways of administering justice by those involved in the system. Many of the newly adopted procedures will have a lasting positive impact on criminal justice in Knox County long after the pandemic has ended. One of the first priorities the criminal justice system needed to address at the outbreak of COVID-19 was the large jail population and the imminent danger of community spread throughout the detention facilities. After consultation with District Attorney Charme Allen and the defense bar, the five Sessions Court judges and three Criminal Court judges developed a district wide general order addressing the bonds of all inmates and new arrestees. The jail population was reduced by 40% within a matter of a few weeks. Although the numbers have increased, there are still currently 30% fewer inmates being detained than in February 2020. As more inmates were released from jail, the Knox County Sheriff ’s Office stepped forward with increased pre-trial supervision. The supervising officers currently oversee approximately 2,300 defendants under the program. The success of the pre-trial release program will likely result in several of the release policies adopted in the emergency order to be continued in the future. Although this program began before the pandemic, COVID-19 has accelerated the implementation of pre-trial release across the district. Despite our limitations on in-court hearings, criminal court cases have not stagnated. Renewed efforts toward agreed resolutions by the prosecutors and the defense bar have resulted in a closure rate nearly 70% of previous years for the late fall months. There is no question that once restrictions on jury trials are lifted the courts and attorneys will be very busy. The resumption of jury trials is the highest priority of the courts. However, thanks to the attorneys’ ability to reach negotiated plea agreements, justice is still proceeding. During the brief period of time where jury trials were conducted, February 2021
Mike Hammond and his staff developed detailed procedures to ensure the safety and health of the jurors reporting for duty. Many of the new processes for jurors installed by jury coordinator Kasey Stone have led to permanent efficiencies. Instead of having to take a day off from work to attend a mass jury orientation at a rented space, jurors now sign up and go through orientation on-line. They can even apply for a hardship excusal or deferral through the juror webpage. Attorneys will now receive juror personal information forms electronically which will allow more time to review the pool prior to jury selection. The most significant change in court procedures has been the use of video technology. Ninety-five percent of all Criminal Court hearings are currently being conducted through video appearances. The use of video technology has not only assisted in reducing community contact in the courthouse, it has resulted in great efficiencies for the Sheriff and the Department of Corrections. Inmates housed in East Knox County or on the other side of the state in a prison can now appear via Microsoft Teams. They can hear and see their attorney, the assistant district attorney, and the judge on screen. Transportation from TDOC that used to require a week-long bus journey can now be accomplished with a five minute walk down the hall. Perhaps the greatest benefit from the pandemic challenge has been the coming together of the stakeholders in the criminal justice system. From the early weeks in March to present day, the stakeholders have met almost every Monday by video to discuss the issues and how to address them as a group. Representatives from the District Attorney’s Office, the Public Defender’s Office, the Sheriff ’s Office, the private defense bar, the Criminal Court and Sessions Court Clerk’s Office, the Magistrate’s Office, Sessions Court judges, and Criminal Court judges all contribute to the conversation as we look for ways to serve the community through the criminal justice system. The combined knowledge, experience, and areas of expertise have allowed us to develop better procedures than the judges could have developed alone. The continuance of this collaborative approach will yield positive results for all those involved in criminal justice for years to come. The issues addressed during these meetings are often difficult and always important. Therefore, to ease the stress we make it a point to end each of these meetings on a positive note. Sometimes the ending would just be a funny story such as the time my neighbor’s cat decided to sneak into my house in the middle of the night and pick a fight with my dogs in the dining room. But, more often than not, we would end with a report of how some decision we made together made the system work just a little better to help the people in our community. We may not be in the palace just yet. But, thanks to the faithful work of everyone involved, we are no longer in the pit.
DICTA
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