Escambia County's criminal jury term scheduled for Sept. 13 through Sept. 24 in Brewton has been cancelled, but Presiding Circuit Judge Jeff White issued an order Tuesday calling for a mandatory settlement docket of persons who were scheduled to be tried by a jury.
Judge White said the increase in COVID-19 cases, increased hospitalization and what he said appears to be a higher mortality rate, prompted him to issue the order.
About 250 jury summons were sent out in anticipation of holding jury trials, but White said those who received summons can disregard them for this session. As of now he said he plans to proceed with the October jury term, but will make a decision later based on COVID data.
“We were only going to be able to try one case at a time,” White said of next week's term due to COVID restrictions. “We need to hold jury terms, but we also need to make sure we keep people safe.”
In explaining the 'mandatory settlement docket', Judge White said it's designed to facilitate the disposition of cases scheduled for next week.
A schedule has been set where each defense attorney is assigned a block of time to meet with the district attorney to discuss settlement of their cases.
In his order, Judge White notes that the district attorney's office will produce any and all discovery that has not been previously provided and if the district attorney intends to offer a plea bargain, the terms of the plea agreement will be provided to the defense counsel for negotiation..
“It is further ordered that defense counsel will contact their respective clients and inform them of the mandatory appearance requirement,” White's order reads. “Warrants for failure to appear shall be issued for any defendants who fail to appear without good cause. Defense counsel shall report to the court those who do not appear as required.”
Judge White said the settlement docket will be held daily in the large courtroom where social distancing can be observed. He also said masks will be required inside the courtroom.
