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Court struggles to maintain caseload amid pandemic

Huntingdon running behind on 300-400 cases

HUNTINGDON — With only one judge, keeping the wheels of justice moving on a good day can be a challenge.

As the COVID-19 shutdown continues, Huntingdon County court officials have turned to video. Huntingdon County President Judge George Zanic said the county court is behind on both criminal and civil cases by 300 to 400 cases. Initially, the court paired down business to essential functions, but starting May 4, the court started conducting all proceedings via the videoconferencing platform Zoom.

“We’re hoping to get caught up,” Zanic said, pointing out he, the court administration and staff met with attorneys in late April to go over the new procedures and the rules for conduct when holding video proceedings.

Although done by video, the judge’s order indicates the court expects the same level of decorum and conduct as any proceeding taking place in the courtroom.

“It’s not perfect, but court isn’t perfect every day,” Zanic pointed out.

The court remains closed to the public, but proceedings will be livestreamed on a YouTube channel created by the court, with each video getting erased immediately following. Zanic said the same rules against recording court proceedings in Pennsylvania courts still apply so the public is invited to watch, but they can’t record.

The judge pointed out he and court officials sought input from attorneys and other stakeholders and the Administrative Office of Pennsylvania Courts was very supportive in making the transition.

“I have a great staff,” Zanic said. “I’m OK with technology. I have a law clerk, court administrator and director of judicial operations that are technologically savvy.”

While scheduling proceedings is time-consuming, and there are hurdles such as ensuring defendants and other participants in the rural county have the necessary internet access and devices to participate, the judge said it’s worth it to keep the courts moving ahead.

He pointed out that in 2019, there were 883 criminal cases in the county, with each case requiring multiple proceedings. Add on other cases such as civil, custody, dependency and orphan’s court, and it doesn’t rake long for the system to back up.

“The time we’re putting in now will pay off later,” Zanic said adding that when the judicial emergency ends, they are considering working two shifts, with the help of Senior Judge Stewart Kurtz, to address the backlog.

“We’re very, very pleased how it’s been working so far,” said District Attorney Davis Smith, who credited Zanic and his staff for coming up with the procedures and working out the details as well as providing the training so even attorneys such as himself that aren’t up to date with the latest technologies can figure out how to use the video platform.

“We’re also very pleased we’re able to move cases,” Smith said.

Zanic pointed out the only proceedings that can’t be done by video are jury trials, so they remain on hold.

Veteran defense attorney Thomas Dickey said he took part in the county’s training about the videoconferencing and said using Zoom seems to be the better option than platforms being tried in other counties. He said he has some upcoming proceedings in Huntingdon County and said it is a good way to keep cases moving, although as a defense attorney, he could see issues with using video for things such as a jury trial.

“The problem becomes when credibility of a witness is going to be an issue,” Dickey said, noting the way witnesses handle themselves on the stand can say a lot about whether a person is telling the truth — and those “intangibles” are likely to get lost if a person is only on a screen.

Dickey said even when court resumes, if witnesses have to wear masks, that could get in the way of a jury’s ability to read their demeanor and make good judgments about credibility.

“COVID-19 is unprecedented,” Dickey said. “I applaud the court in trying to move things along.”

More information on Huntingdon County Court’s video procedures and the link to the public YouTube channel can be found at https://huntingdoncountycourt.net.

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