Jury trials in Lincoln County to include temperature checks, masks

DAVENPORT — The Lincoln County Superior Court is planning to resume their in-person jury trial schedule next week, but with restrictions to the public due to COVID-19.

The public and press will only be allowed to view the jury trials if they are willing to submit to multiple temperature checks and wear a mask or a face shield. No virtual or remote option to view the trial will be available.

Members of the public who are called for jury duty will also be required to submit to the temperature taking and the face masks. Neither the Lincoln County Prosecutor or the Lincoln County Superior Court Judge could say if a juror would be excused from duty if they refused to submit to the new rules. Failing to report for jury duty is a misdemeanor and carries a penalty of up to 90 days in jail and a $1,000 fine.

The new rules don't sit well with some state legislators and government watchdog groups.

"Trials should be open to the public and in this case the courts are not following the constitution," said 13th District Representative Tom Dent. "The mask mandate shows that the governor has too much power and he is mandating rules without working with the legislature. A thirty day state of emergency is long enough. We were asked to follow the rules in order to flatten the curve, but at this point we have beaten it into the ground. Deaths are down and we have to trust our people to do the right thing."

The Washington Coalition for Open Government (WCOG) said the restrictions seem to ignore the Washington State Constitution's mandate that all court proceedings "shall be administered openly and without necessary delay."

WCOG President Toby Nixon said creating an alternative to in-person viewing for the public and the press would be a "reasonable accommodation."

"Article 1 Section 10 (of the Washington State Constitution) does not allow people to be excluded entirely even if they have an elevated temperature or cannot wear a mask," said WCOG President Toby Nixon. "The court should make reasonable accommodation for viewing of court proceedings, as required by state constitution and the Americans with Disabilities Act. Online video streaming equipment and services are very inexpensive and easy to set up."

However, Lincoln County Superior Court Judge John Strohmaier said he sees "no reason" for remote access.

"There will be no reason for remote access as the public is entitled to observe in person. Our MondoPad (remote viewing equipment) will be in use during voir dire and is often used to show exhibits during trial and to show jury instructions during closing arguments. So, using video conferencing through Zoom or other means will not be available.

"I do not see any reason why having someone's temperature checked at the door using an infrared thermometer is any violation of anyone's rights," he added.

Lincoln County Superior Court staff said the temperature taking rule was recommended by a Washington State Superior Court committee on courtroom reopening.

Legal challenges

The issue of requiring face masks statewide is currently being litigated by the Washington Freedom Foundation in Lewis County Superior Court. The group's lawsuit, filed on July 1, questions whether Inslee and the Secretary of Health has the authority to mandate people wearing masks in public and private property.

"The face-covering directive is the definition of government overreach," said Aaron Withe, national director of the Freedom Foundation, a public policy organization. "If people choose to wear a mask, that's their choice. But Inslee is going after otherwise law-abiding citizens when there are rioters destroying Washington cities such as Seattle with no punishment in sight."

The Washingtonians represented by the Freedom Foundation argue that by requiring them to wear face masks the state is essentially compelling them to support junk science in violation of their freedom of conscience, which is prohibited by the state constitution.

"The Secretary of Health does not have sweeping power to pass rules and regulations imposing criminal penalties for refusing to kneel in submission," said Shella Sadovnik, Freedom Foundation litigation counsel. "And the governor cannot assume powers the Constitution assigns to the Legislature or the judiciary."

Although the mask mandate is in legal question and there are concerns about restricting public access to jury trials, Lincoln County Prosecutor Jeff Barkdull said he does not see a problem with the new rules.

"If you want to be in a court, we restrict your constitutional rights to a firearm by not allowing one in the courtroom. This is not that different, " he said. "It is possible that by having these new rules we could be sued by a defense attorney for failing to have a trial open to the public or we could be sued by the press, but we have to weigh that against other considerations."

The first in-person jury trial since the coronavirus restrictions began in Feb. is set to take place in Lincoln County Superior Court on July 22.