Clog’s getting worse---too slow.
Griff Witte and Mark Berman 21, Griff Witte is a national correspondent for The Washington Post, Mark Berman is a national reporter for The Washington Post, “Long after the courts shut down for covid, the pain of delayed justice lingers,” Washington Post, https://www.washingtonpost.com/national/covid-court-backlog-justice-delayed/2021/12/18/212c16bc-5948-11ec-a219-9b4ae96da3b7_story.html
When the coronavirus struck American shores in early 2020, the red-brick courthouse that has stood sentry on Main Street in Newport, Vt., since the late 19th century abruptly shut down.
So did courthouses nationwide. But unlike most, the one in Newport — a small, lakeside community nestled a short drive from the Canadian border — has never fully reopened.
With jury trials still suspended, cases are being dismissed by the dozen. Defendants live with charges they can’t shake. And Dick Collier lies awake at night, wondering if he will die before the man accused of killing his daughter faces justice.
“That’s my fear,” said Collier, 81, and in precarious health. “That I might not live long enough to see him go to trial.”
Nearly two years after the American justice system was paralyzed by a pandemic, the repercussions continue to radiate through communities nationwide, from tiny towns to the largest cities.
District attorneys face some of the longest case backlogs in living memory. Defendants languish in jails that have become breeding grounds for the coronavirus. Others are set free — and, some prosecutors say, may be contributing to a spike in violent crime that is only compounding the pileup.
Although the shutdown in Newport is extreme — most courthouses are back in action, even if they are not yet at their pre-pandemic capacity — legal officials from coast to coast say justice delayed by covid-19 will continue to be a feature of the American landscape for several years to come. And that’s assuming the courts don’t have to shut down again for omicron or another new variant.
“This is a three-year project to get the number of pending cases back to what it was. And I’m an optimist,” said Dan Satterberg, prosecuting attorney in King County, Wash., which includes Seattle. “It’s a historic challenge that we’re facing right now.”
The backlogged system has had deadly consequences, officials say.
In Wisconsin, Darrell Brooks was set to stand trial this year for allegedly firing a gun at his nephew. Prosecutors were ready, as was the defense. But there was no courtroom available. With the system unable to deliver the speedy trial that Brooks had requested — and that the state was required to deliver — he was released on $500 bail.
While out, court records show, the 39-year-old allegedly tried to use his car to run over the mother of his child and was arrested once more. But an overburdened junior prosecutor juggling a jury trial and two dozen other felony cases set his new bail at $1,000 — an amount the district attorney would later call “a mistake” — and Brooks was released again.
Just days later, on Nov. 21, prosecutors say Brooks plowed his car into the Christmas parade in the Milwaukee suburb of Waukesha, hitting 60 people — and killing six. This time, his bail was set at $5 million.
While critics have focused on the low bail amounts, Milwaukee District Attorney John Chisolm said the case was better understood as the tragic consequence of when courts can’t keep up.
“This is a system issue right now, and it’s only going to get worse,” Chisholm told reporters this month. “These backlogs aren’t going to magically disappear.”
Delays in the U.S. court system are nothing new, of course. Long before the coronavirus, America stood out among its industrialized peers for the extensive wait times from charges filed to verdict delivered.
“It’s not that the criminal justice system was a model of efficiency prior to the pandemic,” said Christopher Slobogin, a law professor at Vanderbilt University. “But now things have gotten much worse, and ultimately that’s not good for anybody.”
When the pandemic struck, the impact on the courts was immediate and far-reaching: The Pennsylvania Supreme Court declared a “statewide judicial emergency” and extended filing deadlines. Virginia’s Supreme Court issued an order suspending nonessential proceedings in circuit and district courts. The Iowa Supreme Court announced that it was pushing back criminal trials, while Alabama’s Supreme Court suspended in-person court proceedings.
Because criminal defendants have a constitutional right to face their accusers, criminal trials — unlike civil and family law cases — generally could not be conducted remotely. And amid fears of superspreader events, jury trials in cramped quarters seemed especially unwise.
The shutdowns reverberated nationwide, but to varying degrees. Some states reopened far more quickly than others. Now, even as certain areas report lengthy delays, others say their backlogs are gone. A survey by the Thomson Reuters Institute released in August found that the average backlog in state and local courts had increased by about a third.
Vera Institute of Justice Vice President Insha Rahman said that, on the whole, the courts were slow relative to other parts of society in getting back up and running. And the reason, Rahman said, is insidious: The courts disproportionately “process cases for people who are poor, who are Black and brown. If the courts were filled with cases of White kids from suburban, wealthy parts of our communities, there would have been more urgency to bring things back to normal.”