Jacksonville attorney Mitchell Stone, president of the Florida Association of Criminal Defense Lawyers, petitioned Gov. Ron DeSantis on Feb. 1 to consider prioritizing COVID-19 vaccinations for people who participate in the criminal justice system, including all attorneys, judges and defendants.
In the letter to DeSantis, Department of Corrections Secretary Mark Inch and state Surgeon General Scott Rivkees, Stone states that to safely reopen the courts for in-person proceedings, people who must appear in person must be vaccinated.
In the letter, Stone says the association understands that certain groups currently have vaccine priority, such as first responders, health care workers and older adults.
The association is cognizant of the issues facing the schools systems and agrees that educators and students also should be among the first to receive vaccines.
“Following those groups, reopening the criminal court system should take priority,” the letter states.
Because of the COVID-19 pandemic and the public health emergency declared March 1 by DeSantis, the state Supreme Court temporarily suspended the right to a speedy trial guaranteed in the 6th Amendment to the U.S. Constitution.
“We’ve got a constitutional crisis. We are going on a year without being able to safely conduct jury trials. I currently have four clients in jail awaiting trial. They are facing serious charges and they can’t get bail,” Stone said.
The association anticipates that judges and lawyers who work in the State Attorney and Public Defender offices may be prioritized for vaccination. It advocates adding defense attorneys to the list.
“Private attorneys represent about half of the criminal defendants in the state,” Stone said.
The association also recommends that inmates, as well as corrections officers and others who work inside detention facilities, should be prioritized to receive the vaccine.
Stone said that would help ensure safety in the courtroom and allow defense attorneys to safely meet their clients in detention facilities.
“We’ve got to reopen the criminal justice system. It’s not fair for someone to sit in jail for a year waiting for a trial,” Stone said.