It’s hard to judge whether someone is telling the truth or not when they’re wearing a mask, said Thurston County Superior Court Judge Erik Price.
But masks have become a vital piece in curbing the spread of COVID-19, and are a mandated part of the justice system’s safety plan — so at least for now, they’re here to stay. That makes one more challenge attorneys and judges must grapple with as they face a caseload nearly double the size from this time last year.
“There’s been a lot of discussion … about the effect of mask wearing on the justice system to begin with. You can’t communicate as well with a mask on. You can’t read people as well when everyone’s wearing a mask,” said Price.
The same issue was raised by Larry Jefferson, lead attorney for the Thurston County Office of Public Defense’s felony division, in a previous interview with The JOLT News. A big part of serving on a jury is determining whether or not a witness is telling the truth. It’s hard to do that when a portion of their face is being covered, since it’s a jury’s job to observe a witness’s demeanor, said Jefferson.
“So if that demeanor is affected because the person’s wearing a mask — I don’t believe anyone’s ever done a study on what the difference is between your constitutional rights to trial when someone who is masked versus unmasked,” said Jefferson.
A key part of interpersonal communication is in reading someone’s face, and Price said that’s been “compromised” right now because of masks, causing him to have to make decisions by focusing on other elements of a person’s behavior.
“You end up reading eyes a lot. … You try to understand whether you’re seeing a smile squint or a grimace squint,” Price said.
There have been two criminal trials in Thurston County since trials were allowed to resume in August. One was completed, while the other was declared a mistrial partway through. Other trials were scheduled but settled before starting, which is common in any criminal justice system.
But there are hearings other than jury trials that are complicated by masks. During some hearings, for instance, a judge might have to determine if a no contact order can be waived and will then listen to arguments from both sides.
“And when you have a mask on, that’s all compromised,” said Price.
As of Monday, there were 972 criminal matters pending trial in Superior Court, roughly double the amount from last year. Price said it’s hard to say how long it will take to whittle that down to a more manageable number. Only one courtroom in the courthouse is large enough for trials, but an off-site courtroom is being prepared at 2404 Chandler Court SW. Once it is operational, two trials will be in session at the same time. Before the pandemic, however, there would be three or four trials happening simultaneously.
Price said the various departments in Thurston County’s justice system work well together to craft solutions.
“I can tell you, we worry every day about how we’re going to do the best we can,” said Price.
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