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Carbon court to continue present COVID-19 system

The COVID-19 pandemic forced a lot of changes in the Carbon County court system since it began in March 2020. The changes helped the court move cases along, but also caused lingering problems.

President Judge Roger N. Nanovic II said while the steps he and the other judges made to keep the court system running have helped with the flow of cases, it continues to have an adverse affect on conducting trials, especially in the criminal division.

Nanovic said, “I had to issue 10 different administrative orders for COVID.”

He said a new order will soon be issued as the last one expires at the end of March. For now, the court will continue its current guidelines as the pandemic continues.

He said the staggering of court cases helped the court to continue moving the calendar forward. The judges have been accepting guilty pleas and sentencing proceedings along with hearings on parole and bench warrants throughout the pandemic. He said there was an interruption in December due to a flare-up of positive COVID-19 cases at the courthouse.

Nanovic said with the cooperation of court offices, the district attorney, public defender’s office and the attorneys representing the defendants, the present system started last April is working.

“The problem is we have only one courtroom big enough to accomplish social distancing and the other restrictions required.”

Nanovic said, “It has placed a huge burden on having trials.”

He noted that the court was able to conduct some trials last August and September.

In an effort to solve that problem, the county recently entered into an agreement with the Jim Thorpe Area School District to use the former elementary center on Center Street for jury trials. The county is working to get the facility ready and he hopes to be able to conduct trials at the school in April.

Jury panels will still be selected in courtroom one of the courthouse but the trial will then be held at the school. Nanovic said with the addition of the school will give the court two places to hold trials.

Jury selection can not be conducted at the school due to a lack of available parking.

In addition to the changes made, Nanovic said some cases were conducted by Zoom and that cases involving inmates at the county prison and other prisons were accomplish by video, eliminating the need to transport a prisoner from a jail to the courthouse.

Nanovic said a new approach is set to begin on Monday. He said judicial status conferences are scheduled for pending cases. The conferences involve the district attorney’s office, defendant (and legal counsel) and the court to resolve the matter.

The conferences are scheduled for the morning, and if an agreement is reached in a case, then the presiding judge will entertain a guilty plea that afternoon.

The hope is to resolve a lot cases that are pending with the DA making a final plea offer. If the offer is rejected, then the case will be given a trial date.

Nanovic said, “Of course the trial date and holding a trial is the real challenge now.”

He added, “Some other counties, including Schuylkill, have been doing conferences for some time now.”

Jury service notices have been sent out for April, and notices for a May term will go out this week. Some people have indicated they do not feel safe enough to come to the courthouse and serve.

He said, “We accept their word on that and excused them.” He said now about 30% to 40% of prospective jurors are resisting the call due to COVID-19.

“Whatever the new normal is, and what is the new normal, we will adjust to it,” Nanovic said.

He said the present system will continue the rest of the year unless the state or the state’s Supreme Court loosen restrictions. He said that is something no one will know about until it happens.

President Judge Roger N. Nanovic answers questions during a news conference in Courtroom 1 in Jim Thorpe as Carbon County court gets set to conduct its first jury trials during the COVID-19 pandemic. TIMES NEWS FILE PHOTO