Normally bustling with attorneys, law enforcement and defendants, the halls of the Merrimack County Superior Courthouse in Concord were uncharacteristically quiet Friday morning except for the occasional footsteps of a court security officer.
Taped to the front doors was a warning for visitors: If you’ve traveled to New York or internationally in the last 14 days, had contact with someone who has COVID-19, or are experiencing shortness of breath, a cough or a fever, you’re not allowed to enter.
For the past two weeks, courthouses throughout New Hampshire have responded to the coronavirus outbreak by holding very few in-person hearings, including to resolve bail-related issues or to close a criminal case through a plea resolution. While routine proceedings have been suspended, courts are still hearing requests for emergency orders, including in domestic violence and child placement or custody cases.
But even in those instances, court officials are making accommodations for defendants to appear by video from the jail or prison where they’re incarcerated with the goal of reducing contact. And when possible, they’re encouraging the partiesto a case to call into their local courthouse rather than make the trip there.
“We’re constantly trying to find that balance between being open and available to the public, while still trying to limit as much as possible the foot traffic that comes in,” said Chris Keating, director of the administrative office of the courts in New Hampshire. “We know we’re walking a fine line but we’re slavishly minding the guidance provided by the state’s Department of Health and Human Services regarding their recommendations for businesses and entities that provide an essential service to the public.”
Gov. Chris Sununu’s decision Thursday afternoon to issue a “stay-at-home” emergency order in response to the coronavirus pandemic meant court officials had to return to the drawing board and update their own orders on jury trial postponements, non-emergency hearings and public access.
Earlier this month, the Judicial Branch had suspended all in-person proceedings in its circuit, superior and supreme courts until April 6 and postponed criminal and civil jury trials until April 14. On Friday, court administrators revised those timelines in guidance with Sununu’s “stay-at-home” order and implemented a new date of May 4. In an effort to further limit in-person business, the court system will permit clerks offices to receive pleadings by email and is suspending the requirement of submitting hand-signed documents.
“What we’ve seen so far is a significantly reduced number of citizens coming into our courthouses, which is a good thing,” said Jason Jordanhazy, security manager for the Judicial Branch. “For the most part, people have been cooperative and understand the significant nature of the situation. We know that this is a dynamic situation, and we’ll continue to make changes when necessary in accordance with federal and state guidelines.”
Because of concerns about the spread of the viruses into the state’s correctional system, few inmates have been transported to court for hearings. Court staff said they’re constantly in touch with the superintendents at the county and state facilities to ensure everyone is on the same page. The importance of that consistent communication became even clearer Friday afternoon when the Merrimack County jail in Boscawen announced that one of its employees – who had been inside jail for just a few hours in recent weeks – had tested positive for COVID-19.
The jails have adopted similar health screening procedures as the courts and have suspended inmate visitation.
At Merrimack County Superior Court on Friday, bailiffs were ready to meet members of the public just beyond the courthouse steps. Any visitor was required to stop at the first set of double doors and answer three health screening questions. In accordance with the new protocols, if anyone’s answers raise any red flags, the bailiffs said they must ask the individual to leave and call the statewide court call center at 855-212-1234 for further assistance.
“Our court officers, just as our police officers and firefighters, are on the front lines of this public health crisis,” Jordanhazy said earlier this week. “We must drastically mitigate exposure to our court employees and judges, while also ensuring public safety as a whole.”
In recent days, administrators posted signs around all state courthouses reminding people about the importance of social distancing and asking them to maintain a six-foot buffer between themselves and others when at security, the clerk’s window or in a court room.
While hand sanitizer, Lysol wipes and disinfecting spray lined the table behind the Merrimack County bailiffs on Friday, court officials say they, like everyone else, are concerned about replenishing those supplies down the road.
“We provide gloves and masks at the front but not at the volume to be able to handle this pandemic,” Keating said by phone. “We are very concerned, and they are too, because they’re the first point of contact coming into the courthouses.”
As bailiffs awaited any potential visitors Friday to the Concord court, one quietly checked his phone for any breaking news updates about the spread of the virus both locally and nationally.