Major backlog of court cases, Wico. State’s Attorney describes reopening as “avalanche”

WICOMICO CO., Md. – Maryland courts have essentially been closed for four months and attorneys say that’s causing a major backlog of cases.

“It remains to be seen the consequences of where we are. We can’t anticipate all of them,” says Wicomico County State’s Attorney Jamie Dykes.

Dykes says the pandemic has created a major backlog of court cases, upwards of a thousand in circuit court alone. But the impact of that extends outside the courtroom. “The consequences of this have been that many defendants have been let out. There’s been a concern about COVID becoming rampant in our institutions and jail facilities,” says Dykes.

Maryland Courts have been operating in a very limited capacity for almost four months but the number of cases attorneys are handling have almost tripled because previous ones can’t be resolved. “I have some prosecutors whose caseloads are reaching one hundred and that is a place we have never been,” says Dykes.

The same is true for civil law attorneys. One Salisbury attorney says he’s seeing a rise in cases related to employment issues. “Those of us in my profession who handle civil cases like lawsuits have pretty much been put on hold in terms of any face to face courtroom action,” says Attorney Robin Cockey.

Cockey believes civil cases may even be drawn out longer than others. “Criminal cases have Constitutional safeguards where you get a speedy trial and all that sort of thing but civil cases, you don’t have the same protections.”

When things do reopen, some attorneys anticipate quite a bit of prep time will be needed to do things like find and serve witnesses. “The avalanche that is coming, we’re just going to have to manage,” says Dykes.

As for face masks in court, Dykes says she’d be surprised if they’re required or even allowed at all. She tells 47 ABC the ability to see someone’s facial expressions helps determine their credibility, something she describes as a “foundation of our system.”

District Courts will start hearing trials again on Monday, which means they can call witnesses in all matters. Circuit Court won’t begin hearing jury trials until October 5th.