April 2020 Newsletter
The Durham County District Attorney’s Office Monthly Newsletter highlights the work DCDAO staff do in and out of the courthouse.
In the Office
DA’s Office Adapts to Social Distancing
Due to modified court operations and health concerns related to COVID-19, the Durham DA’s Office will continue to be closed to the public until June 1. While many staff members are working from home as advised by state officials, employees continue to perform essential court functions — whether remotely or at the courthouse while wearing masks and observing social distancing.
Staff meetings, including weekly Monday morning “huddles” have gone virtual. To reduce crowding at the courthouse, a limited number of employees work in the office on a rotation, ensuring that new cases are screened, discovery materials are provided to defense attorneys, and victims are kept informed about the status of their cases. With most court proceedings ordered to be continued out past June 1, attorneys have been hard at work rescheduling thousands of court appearances.
Office phone lines continue to be monitored. To reach a staff member, call the Office at 919–808–3010 and leave a message, or contact that staff member directly by phone or email. Victims in pending criminal cases with upcoming court dates can call the Office with questions. Updates are being posted on the Durham DA’s Office Twitter and Facebook pages.
DA’s Office Marks Denim Day in Support of Sexual Assault Survivors
Denim Day, held this year on April 29, draws awareness to sexual violence and honors survivors. The Durham DA’s Office was invited to participate by the Durham Police Department and the Durham Crisis Response Center. Special Victims Unit staff and DA Deberry wore their denim to work to show their support for victims of sexual assault.
Read more here about why we wear denim to support survivors of sexual violence.
In the Courts
Court Operations Modified Due to COVID-19
In response to COVID-19, North Carolina Chief Justice Cheri Beasley issued an order April 3 postponing most District and Superior Court matters until no earlier than June 1.
Under the order, court operations are to be limited as much as possible. Certain essential court proceedings continue to be held. These include but are not limited to:
- First appearances for people in custody
- Bond hearings
- Probable cause hearings
- Some probation hearings
- Domestic violence protective orders
Under Chief Justice Beasley’s orders, attorneys and other people who do not have business in a courthouse should not enter a courthouse, and those who do have business should not prolong their visits. Individuals are encouraged to check the NC Judicial Branch website to see if their business can be handled online and contact courts by phone or email rather the visit a courthouse. Anyone who has likely been exposed to COVID-19 should not enter the courthouse.
Importantly, Durham’s busiest court — traffic court — will not be held during this time. Notices of rescheduled traffic court dates will be sent via mail.
However, in some cases, people can address their traffic court matters online. The Durham DA’s Office has compiled information on how to pay a ticket, request a dismissal for cases now in compliance with the DMV, or request a reduction of speeding charges.
Chief Justice Beasley’s order extends the deadline for payment of most fines and fees by 90 days and directs clerks not to report failures to pay court debt to the DMV. Individuals should not come to the courthouse during this time to pay traffic tickets, Chief Justice Beasley advised, adding that licenses will not be suspended “until this emergency passes.”
Read more about Chief Justice Beasley’s actions in response to COVID-19, along with ongoing updates about court operations from the NC Judicial Branch here.
DA’s Office Highlights Domestic Violence Resources
The Durham DA’s Office, the Durham Crisis Response Center and the Durham County Sheriff’s Office recently issued a joint statement sharing resources available to domestic violence survivors, and DA Deberry recorded a video statement telling survivors “you are not alone.”
While many court operations have been modified, domestic violence protection orders are still being addressed daily at the Durham County Courthouse. Individuals in need of a domestic violence protective order during this time are encouraged to call the Family Justice Center at 919–450–8970.
DA’s Office Takes Steps to Reduce Incarcerated Populations in Light of COVID-19
In March, the Durham DA’s Office began working with judges and defense attorneys to reduce the population of the Durham County Detention Facility. This ongoing effort is being made for the safety of both people who are detained and work at the detention facility, where it is difficult if not impossible for people to follow the guidance of health officials to reduce the spread of COVID-19. The Detention Facility population has declined by nearly 30 percent.
It is with these same goals of public safety and public health that the DA’s Office is reviewing, and in some cases consenting to, requests by people in state prisons for sentencing relief in light of the pandemic. This includes people who are at high risk of illness due to age, people who were convicted of non-violent crimes and people who are already scheduled for release in the near future. A coalition of organizations including North Carolina Prisoner Legal Services and the North Carolina Justice Center is identifying individuals for potential release and, importantly, will connect people released through this process in Durham to resources and re-entry services.
During April, the DA’s Office consented to sentencing modifications for fourteen individuals, allowing them to be released from prison in light of the pandemic. This careful review process is ongoing.
In the Community
DA Deberry Joins Duke’s Sanford School for Talk on ‘Rethinking Justice.’
On April 17, DA Deberry joined the Sanford School of Public Policy and the Hart Leadership Program at Duke University for a virtual conversation about criminal justice reform in Durham. Watch video of the full event here.
DA Deberry spoke about efforts to reduce the use of money bail and pretrial incarceration for nonviolent crimes, close long-pending homicide cases; and build trust with the Durham community. She also took questions from students conducting research on the criminal justice system and reform efforts.
DA Deberry Affirms Residents Won’t be Prosecuted for Covering Faces During COVID-19
On April 17, the unified Durham Stay-at-Home Order was amended to require Durham residents to wear face coverings whenever they are with people who are not members of their household and it is not possible to maintain social distancing.
This update raised questions about whether these face coverings would violate North Carolina General Statutes that prohibit individuals in certain situations from wearing masks in order to conceal their identities.
In order to prevent confusion and alleviate concerns, DA Deberry issued a memo saying that while masks are required, the Durham County District Attorney’s Office will not prosecute people who cover their faces for the purpose of preventing the spread of COVID-19 under these statutes.
“We recognize that wearing a mask in public spaces is uncomfortable for many members of our community,” said DA Deberry. “For people of color, wearing masks may make them feel targeted for arrest and prosecution. This is a real and not insignificant fear.”
COVID-19 Delays DA’s Office Event for Families of Homicide Victims
At the Durham DA’s Office Town Hall in January, DA Deberry announced plans to hold sessions for the families of Durham homicide victims to help them navigate what can be a difficult and complicated court process. These sessions, she announced, would be held prior to administrative court settings known as Homicide Status Conferences that are held four times per year. Because of ongoing health concerns related COVID-19, the Durham DA’s Office was unable to hold its first family session. The April 16 Homicide Status Conference — during which attorneys update the judge on the status of all pending homicide cases — was not held.
The Durham DA’s Office remains committed to supporting the families of homicide victims and hopes to hold its first session soon for families with cases currently pending in Durham. Families with pending cases can expect to receive a letter from the DA’s Office explaining the delay of April’s Homicide Status Conference. The next Homicide Status Conference is scheduled for July 16.
