A recent autumn upswing in local COVID-19 cases has prompted circuit court in Cullman County to temporarily postpone its December jury docket.

After resuming suspended jury activity earlier this year in the wake of a prolonged shutdown over the summer, the court will delay its Dec. 14 jury session until a future date to be announced at a later time.

Presiding Cullman County Circuit Court judge Greg Nicholas said in a statement that he and his peers on the local bench felt the delay was necessary to help mitigate the risk of contracting the coronavirus.

“After consulting with State Health Officer Dr. Scott Harris, local health care officials, District Attorney Wilson Blaylock, Circuit Court Clerk Lisa McSwain and Circuit Judge Martha Williams, as well as other judges from around our state, the risk to potential jurors, court participants and their families that could result from a large gathering of potential jurors is simply unacceptable in light of current and projected conditions,” Nicholas said.

“Therefore, an order has been entered cancelling the December 14, 2020 jury session. Individuals who have received a summons to appear for jury service on Monday, December 14, 2020 do not need to appear. Those individuals who have used the new online procedure to qualify and check-in for jury service have already been notified of the cancellation by email.”

The postponement applies only to in-person jury trials, but will not disrupt other court activities. Nicholas’ delay order does not apply to smaller in-person court proceedings held in local circuit and district courts. Any decision to postpone those cases, he said, will be made by the circuit or district court judge assigned to handle them.

Like other courts statewide, Cullman’s circuit and district courts adapted to the State-mandated curbing of in-person court activities during the spring, and Nicholas said those measures could be useful in the future, if public health needs require it.

“Even after in-person judicial proceedings were suspended by order of the Alabama Supreme Court in March, Cullman Circuit and District Courts remained open, thanks to rule changes authorized by the Alabama Supreme court that permitted the use of video conference software to conduct ‘virtual court’ hearings,” Nicholas noted. “Once in-person trials and hearings were permitted to resume in May, COVID-19 protocols were quickly adopted that allowed most non-jury, in-person court hearings to immediately resume.

“We are now able to send emails directly to those individuals who qualified [for jury service] online, and notify them of the cancellation. That will prevent those individuals from having to take time off from work or disrupt their normal routines to come to the courthouse only to learn that court has been cancelled,” he added. “Those jurors who were not able to use the online system to qualify should be receiving a written order by regular mail notifying them of the postponement, and releasing them from their summons. If conditions improve, it is expected that jury trials will resume in January and new juror summonses will be issued.”

The decision to postpone jury trials wasn’t lightly made, said Nicholas, noting the number of local residents who’ve been affected by the pandemic.

“Finding the right balance between preserving people’s access to the courts and protecting the most vulnerable people in our community from the potential harm posed by the current pandemic is never easy,” he said last week. “The best medical advice currently available suggests that a large gathering of individuals for jury service so soon after the Thanksgiving holiday would be unwise, and lead to an even greater spread of the virus within our community.

“For most people, the COVID-19 virus does not cause any long-term health concerns,” Nicholas added. “But for a significant minority of people, especially older individuals and those with underlying health conditions, the virus can prove very serious, and even fatal. At least 40 people in our area have already died as a result of COVID-19 complications. Presently, 52 individuals are hospitalized at the Cullman Regional Medical Center who have tested positive for the virus and 10 of these individuals are currently on ventilators.

“It’s vitally important that we take precautions to keep people safe during the pandemic, while preserving the public’s access to courts. To accomplish that goal, temporary postponements of some court proceedings will sometimes be necessary.”