The Response Winter 2020-2021 - 10

FEATURE

COVID-19 and the Courts
by Berks County District Attorney John Adams

C

OVID-19 hit us all like a ton of bricks. Like
many, Berks County was unprepared for the
" new normal " brought on by an invisible
threat, which included a long list of " not allowed. "
Prior to March 2020, we never had a practice run or
meeting to discuss how our criminal justice system
could be managed in any other way than how it's
always been done. The pivot was hard and fast.
On behalf of victims of crime, our communities
and defendants, we had to keep the criminal justice
system moving. So, pivot, we did.
When the state ordered everything closed, the
criminal justice system faced its own unique issues.
There were no more in-person hearings. Jury
trials were suspended. Crowded work offices were
cleared out and judges, attorneys, and staff began
to telework. Yet, crime didn't stop and the clock on
prosecutions was still ticking.
	
Quickly we realized that prison, which at the time
had 924 inmates housed in close quarters, could be
a hot bed for outbreaks that could lead to additional
health concerns and potential chaos. The prison
said they needed extra room to quarantine incoming
inmates and a reduction in our prison population
was necessary.
Berks County's team immediately went to work. Our
information technology (IT) team recommended
remote hearings using Microsoft Teams. The
court experimented with additional platforms like
Polycom as that was a platform used by the State
Department of Corrections. Computers were set up
at the county jail to allow inmates to talk with their
attorneys by video or phone. The prison used every
form of technology available to permit conference
with counsel, probation and the courts.
	
Virtual hearings were held. The process started
slowly as we all learned how to use and to do
hearings virtually. Gradually, judges and attorneys
became proficient on the technical use and nuances
of virtual technology.

10

THE RESPONSE // WINTER 2020-2021

The prison had a person assigned to coordinate with
my office and the courts. Within weeks, we processed
cases placing a priority on non-violent offenders and
individuals with time-served sentences. We held
plea hearings and sentencing hearings virtually.
Then we held hearings related to inmates coming
up for probation and parole. Defense attorneys
generally communicated with their clients by phone
or through virtual meetings. And thankfully, crime
slowed down. By the end of April, Berks County
prison's population was reduced to around 588
inmates.
	
By May, the entire criminal justice system was fully
engaged in the " new normal " applying our new
proficiencies to deal with out-of-custody cases and
work our way through a backlog of cases. Our
courts IT team worked at an incredible speed so we
could become even more virtual. Assistant district
attorneys were provided with laptops to enable them
to work remotely or in the office. Judges and defense
attorneys also adopted virtual technology and the
criminal justice system forged ahead.
Those of us who work in the criminal justice system
and the drug and alcohol treatment field had
great concern during this crisis about the opioid
epidemic. While some people would think that this
epidemic may have subsided during the pandemic,
it did not. Overdose deaths increased and access to
treatment seemed to be difficult. Our courts and my
office used technology to address these issues. Our
DUI and Drug Treatment Courts, while initially
handicapped, continued to move forward by again
utilizing virtual technology to monitor and connect
with those clients whose cases were being handled
in our diversionary courts. These courts continued
to do their work helping people who are battling
addiction. Credit must be given to Judge Theresa
Johnson and Judge Eleni Geishauser for their
commitment to this effort through this crisis.
While most crime slowed down during the earlier
periods of the pandemic, unfortunately, crime is
The Response Winter 2020-2021

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