Courts continue under emergency rules, making plans to resume hearings, trials as restrictions lift

A Westmoreland County judge leaned close to his web camera and offered timely advice to a jail inmate who was granted an early parole after serving seven months for a burglary conviction.

“Wash your hands as frequently as you can and wear that mask,” said Common Pleas Court Judge Christopher Feliciani.

The inmate was one of a half dozen who appeared before Feliciani on Wednesday for guilty pleas and early jail releases as county courts continued to slowly ramp up business that, for the last month, has operated under restrictions that only allowed for emergency cases, time-ordered juvenile hearings, protection from abuse petitions and some child custody matters.

Judges have also convened weekly drug court sessions through group video conferencing.

Court officials said plans are being prepared to phase in additional work in May to alleviate an expected case backlog created by the coronavirus-related restrictions on jury trials and other routine court matters.

Courts are operating under an emergency declaration that closed down trials and most other civil and criminal hearings through the end of April. President Judge Rita Hathaway said that order will be amended to run through May 8, to coincide with the governor’s extended stay-at-home order issued this week.

But, a resumption of some regular court functions could begin in the interim.

“We are encouraging the criminal judges to take pleas of incarcerated inmates when they are able because once we’re back up and running we are going to have quite a backlog,” Hathaway said.

Allegheny County courts continue to operate through May 8 under an emergency declaration that limits functions to emergency matters using advanced technology communications. Court officials have posted a notice on the county’s website that restrictions are likely to be extended through May 31.

Allegheny County officials did not respond to a request for comment on potential resumption of court operations.

In Westmoreland County, hearings are being conducted with skeleton staff. Inmates appear via video in mostly empty courtrooms with just lawyers and judges. On Wednesday, Feliciani, in addition to his judicial duties, also acted as both tipstaff and minute clerk to write out official court documents. Hearings were digitally recorded and will be transcribed once court staff are recalled from furlough.

Judge Michele Bononi on Wednesday called in her full staff as she ran through four juvenile criminal disposition hearings, which are required by law to be conducted within a prescribed time frame.

“Tomorrow, I’ll be back to just me,” Bononi said.

Meanwhile, officials have started to look ahead to May. Jury trials scheduled for next month are expected to be postponed, but judges could begin to convene nonjury trials and other motion hearings once the governor’s stay-at-home order is lifted.

Deputy Court Administrator Pam Neiderhiser said preparations are being made to stagger hearings to reduce the number of people in the courtrooms over the next few months.

Resumption of jury trials later this summer still might be problematic as court officials attempt to figure out how that process might work if some social distancing requirements are still in place.

“We’ve lost about two months of criminal court and it could be more. We’re looking at how many cases we can bring in and who can come in,” Neiderhiser said.