Tri-Cities courts slammed with case backlog as courtrooms reopen — some virtually

Court is back in session full-time in the Tri-Cities.

But like most other things emerging from the coronavirus pandemic, there is a new normal for courtroom operations to include limited seating and virtual appearances. And juries may even be picked in off-site locations.

And while attorneys and court staff try to work through the restrictions of social distancing, they also have to tackle a significant backlog of cases created by a near-shutdown of the judicial system for almost three months.

All trials have been delayed at least until mid-summer.

The Superior Court judges have doubled the number of criminal dockets in each county — four days in Benton and two days in Franklin — to help handle all of the new cases that came in during the pandemic but were put on hold, along with the older matters that were postponed indefinitely.

Benton County Prosecutor Andy Miller said his office has “a big stack” of about 200 low-level property crimes and drug cases that his office withheld filing on.

They are working with the county clerk’s office to get about 20 a day processed and arraignment dates scheduled, he said.

In Franklin County, Prosecutor Shawn Sant said his office did not hold off on filing any charges during the pandemic.

However, people who were sent a summons on a new case likely will get new appearance dates because no one knew for sure when the courts would open back up, he said.

Miller complimented the judges for getting input from prosecutors, public defenders, clerks and the jails in creating a catch-up plan.

“I don’t think anybody knows how long this is going to last because we don’t know what the COVID situation is going to do,” Miller recently told the Tri-City Herald. “It will be a challenge but we’re going to get through it.”

Online court

To avoid the usual crowding in the courtrooms and help all parties stay safe and healthy, Benton-Franklin Superior Court has implemented Webex technology that allows people to participate in the judicial process by calling in or watching online.

Some still may opt to go the traditional route with an in-person appearance.

Washington state law requires an open, public courtroom for almost all proceedings.

Previously, the local court allowed attorneys, interpreters and witnesses on occasion to attend a hearing telephonically.

Now, one Superior courtroom in each courthouse in Pasco and Kennewick is set up with cameras and audio equipment, with plans to get it installed in the remaining courtrooms.

Lawyers, litigants and the viewing public are reminded that even though they may be attending proceedings remotely, they still are to dress appropriately and to have normal courtroom decorum.

That includes muting the microphone on their phone or computer unless speaking, remembering they are on camera if using the Webex video conferencing link, and preventing any background distractions, including noise from co-workers or kids at home.

“Members of the public are welcome to view court proceedings but are not allowed to participate in the proceedings,” according to Superior Court’s website, which has instructions for downloading the technology.

“The court can and will remove a person from the ‘courtroom’ if they are disruptive. A person who is disruptive could be subject to sanctions by the court just as if the person was physically in the courtroom.”