Crime

All trials in Benton-Franklin Superior Court canceled through April 24

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Ti-City courts aren’t completely closed, but changes and lengthy delays are being implemented by judges in an effort to prevent large gatherings and reduce the spread of the novel coronavirus.

All trials in Benton-Franklin Superior Court have been canceled through April 24.

The cancellations are part of an emergency order entered late Monday by Judge Carrie Runge dealing with court operations in the wake of the coronavirus pandemic.

Some court hearings will go forward as scheduled, like the criminal docket held on Tuesdays in Franklin County and Wednesdays and Thursdays in Benton County.

Any trial or out-of-custody arraignment that needs to happen before April 27 must meet extraordinary reasons and be approved by Runge, the administrative presiding judge.

“For all matters, the court has discretion to remove or direct the removal of an individual who is, or who appears to be, ill to protect the health, welfare and safety of the public,” Runge wrote in the nine-page emergency order.

She noted that the court’s priority is to be proactive and take steps to protect the health of the citizens.

Criminal cases with speedy trial rights will not be affected because all temporary suspensions and resets are considered an excluded period under administrative orders for this public health emergency.

The court made changes in an attempt to reduce the amount of people in a courtroom at one time per “social distancing” guidelines, and is encouraging attorneys in some matters to appear by telephone instead of in person or to enter waivers continuing the case to a later date.

The significant changes also involve only handling out-of-custody matters during the morning on all criminal dockets, including Juvenile Court, and in-custody cases in the afternoon.

Jury box in the historic courtroom at the Franklin County Courthouse in Pasco.
Jury box in the historic courtroom at the Franklin County Courthouse in Pasco. Bob Brawdy Tri-City Herald

Court officials warned Tuesday that the order may be extended or modified, or a new emergency order issued, as the global pandemic progresses.

In the meantime, they’re doing everything possible to minimize contact between court personnel, attorneys and litigants while still following legal requirements.

District Court

Down the hall of the Justice Center in Kennewick, Judge Terry Tanner with Benton County District Court entered an order moving a majority of all scheduled cases out at least six weeks, and some into June.

All criminal and civil jury trials in District Court won’t be held until May 4.

First appearances and arraignments for driving under the influence/physical control or domestic violence, along with in-custody hearings for defendants will continue as scheduled. However, people in jail will have either a video or audio appearance.

Hearings to address petitions for protection orders also will happen as scheduled.

Tanner emphasized that District Court remains open, but added that anyone who feels sick should not enter the justice center.

The court’s front counter will be closed, with payments accepted by mail, phone, online or through the drop box outside the courthouse. Civil filings may be e-filed by lawyers or mailed to the court.

District Court previously announced that all requests to mitigate an infraction would now be handled via mail or email “in an abundance of caution and in an effort to stem the spread of COVID-19 by reducing the traffic flow and population required to visit our courtrooms.”

People are encouraged to visit co.benton.wa.us and upload the mitigation by mail form. Any questions about that process can be directed to 509-735-8476 or to District.Court@co.benton.wa.us.

Drug and therapy courts are being temporarily suspended in both court systems, though participants are not excused from following the requirements of their programs during the closure.

The two separate orders out of Tri-Cities courts follow a series of other court closures and emergency modifications across the state.

On March 4, Washington state Supreme Court Chief Justice Debra Stevens entered an order giving state courts permission to “close, relocate or otherwise significantly modify their regular operations.”

U.S. District Court in the Eastern District of Washington has not announced any delays or trial cancellations like federal court in Western Washington.

All naturalization ceremonies that were scheduled either later this month or in April in Spokane, Yakima and Richland have been canceled. The court is working with Citizenship and Immigration Services to increase that office’s availability of administrative oaths of citizenship as an alternative.

Follow More of Our Reporting on Full coverage of coronavirus in Washington

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Kristin M. Kraemer
Tri-City Herald
Kristin M. Kraemer covers the judicial system and crime issues for the Tri-City Herald. She has been a journalist for more than 20 years in Washington and California.
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