Citing the high number of local COVID-19 cases, Hamilton County District Attorney General Neal Pinkston has told judges that his prosecutors will not be appearing in court in person until further notice.
Pinkston sent two emails – one on Dec. 15 and one this past Sunday – letting the judges and other court personnel know about his plans. On Sunday evening, judges asked to set up a conference call to discuss how to handle the preliminary hearings for in-custody cases if prosecutors would not be appearing in person.
“This was done in response to the high [COVID-19] infection rate, which has made this area one of the worst hot spots in the nation,” the DA’s office said in an emailed statement. “It is worth noting that many courts have been held virtually for several months now and continue to do so.”
Hamilton County General Sessions Court’s criminal division – the court in which criminal defendants make their first appearance if they have not been criminally indicted – had been hearing only specific in-custody cases since Dec. 18 due to court personnel testing positive for COVID-19. The court continues to hold limited hearings, and many cases are being reset for March or later.
The county’s criminal court – the court in which criminal defendants appear once they’ve been indicted – has been holding virtual hearings since as far back as March that are open to the public via Zoom or WebEx. General Sessions does not have a similar system. Prosecutors were able to appear in general sessions court virtually on Monday, the district attorney’s office said.
In his Dec. 15 email, Pinkston told the judges his office’s decision for staff not to appear in person after Dec. 18 “is consistent with the various 2020 Tennessee Supreme Court orders regarding the global pandemic.”
The state’s high court has issued an order mandating mask-wearing inside all courthouses, directing courts to operate virtually wherever possible and suspending jury trials at least until Jan. 31.
Pinkston let the judges know he would reconsider the decision, depending on what health care officials report about the post-holiday COVID-19 surge.
“Until the vaccine distribution has time to take effect and the pandemic subsides, we must adhere to [federal] guidelines, local county health directives, the governor’s directives and all Tennessee Supreme Court orders,” Pinkston told the Times Free Press in a statement. “I will not compromise the health of our employees.”
December was the deadliest month for COVID-19 in Hamilton County and the surrounding region, as at least 115 people died of COVID-19 in the county and 365 people died in the 21-county region surrounding Chattanooga. Both totals surpassed the previous records of 44 deaths in Hamilton County and 189 in the region, both recorded in November.
At least three known possible COVID-19 exposures at county courthouses were reported by the county health department, two of which took place in November, the Times Free Press reported previously. At least one prosecutor was seen either not wearing a mask or wearing it intermittently.
Hamilton County General Sessions court’s criminal division judges did not respond to a request for comment and did not respond to questions about whether there will be plans to set up public virtual courtrooms similar to how the criminal court has operated amid the pandemic.
In the meantime, the DA’s office has been working to minimize the number of cases before the general sessions court and potential dispositions of cases pending before the grand jury – something that would minimize the number of cases in criminal court.
Contact Rosana Hughes at 423-757-6327, rhughes@timesfreepress.com or follow her on Twitter @HughesRosana.