Jury trials set to resume this month

County attorneys are preparing for a busy future after the restriction on jury trials is lifted this month.

Due to the COVID-19 pandemic, the Iowa Supreme Court put a restriction on jury trials in March. Jefferson County Attorney Chauncey Molding said the last trial he held before the restriction was in February 2020.

In September, the restiction was briefly lifted but reinstated in November.

Jury trials are now able to resume Feb. 1.

Molding said it has been a long period or restricted court ability and it will be refreshing to get back in the courtroom.

All non-jury trials and some other face-to-face proceedings were still proceeded, along with hearings conducted over the phone and video.

With jury trials on hold until the end of January, Washington County Assistant Attorney Shane McChurch said many defendants who wanted a trial are not settling and choosing to wait.

Molding said there has been in increase in guilty pleas in Jefferson County, but cases such as sex abuse, aggravated assault and fraud come with substantial prison times and the defendants are waiting for a trial.

Not only did the Supreme Court put a restriction on jury trials, it also temporary modified the definition of a speedy trial.

Iowa defines a speedy trial as three months after the arrest date. The defendant has the right to waive the speed trial, extending it to 12 months. The 12-month period can also be waved.

Moulding said in cases such as murder with complex facts and witnesses, it is in the interest of the defendant to wave the 12 months, giving their attorney time.

As of Feb. 1, defendants who are currently in custody have 120 days to be tried. Those who are not have 180 days.

This is a factor in determining which cases must be tried first, Molding said. If the state misses the deadline, the case may be dismissed.

'I would be completely neglecting my duties if I did not ensure that trial took place,” he said.

The hold on jury trials is causing cases to stack up, and attorneys are working to prioritize cases.

'You should see the stack of case files on my desk,” Molding said.

He said cases with victims are the highest priority.

McChurch said the Supreme Court offered a priority list. Cases where people have demanded a speedy trial and are in custody are first. The oldest cases follow.

First cases will begin Feb. 16.

Molding believes his first case will be the trial of Michael Alexander Coon. Coon is charged with six counts of second-degree sexual abuse and one count of child endangerment.