Despite being closed to the general public, most courts
throughout Michigan have remained open to handle “essential” criminal court
functions, generally defined as those hearings involving defendants who are in
jail/prison custody; and emergency Personal Protection Order (PPO)
applications/violations. Many other
courts are still conducting hearings via Zoom or Skype technology, even
allowing defendants to request resolution of their cases via online forms,
plea-by-mail applications, and the like.
Most courts have announced that the public necessity of the
closures trump a defendant’s Constitutional/Statutory right to a speedy
trial/disposition. However, these speedy
trial rights are reserved for those defendants who are in custody during the
pendency of their case. Since courts are continuing to hold hearings for these
essential cases, most speedy trial arguments are rendered moot. Where it becomes very interesting is with
JURY trials. Right now, virtually no
courts are conducting trials by jury, simply because it’s impossible to keep
social distancing in the confines of a jury setting. For those defendants who are in custody and
having their jury trials postponed, they might have a speedy trial argument, at
least one that might result in a lessened bail/bond or even a release from
custody.
Read more about court closures on our website!
