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The selection of a jury for an upcoming trial in an Antelope County civil case will have to be moved from its usual location due to the COVID-19 pandemic.

District court clerk Angela Mortensen and county attorney Joe Abler met with the board of commissioners Tuesday, Aug. 11, at the courthouse in Neligh regarding a change in venue for the jury selection.

Mortensen requested the board’s permission to rent a facility for the jury selection, which will be scheduled to take one day on Oct. 5.

“It’s because there are 50 people who are called for district court,” Mortensen said. “We can’t keep 50 people six feet apart from each other in our courtroom.”

That means another facility has to be used for the jury selection instead of the courthouse, which does not meet social distancing guidelines for separating people who will gather for the event.

With the commissioners’ permission, jury selection would be held at a location that can accommodate the number of potential jurors and ancillary personnel needed to complete the event.

“The trial will actually take place in the courtroom,” Mortensen said. “Because we’re designated as a place for trials, the judge wanted us to come before you and get your permission to rent the Legion or whatever building we can.”

She noted Neligh-Oakdale High School in Neligh was not an option because classes will be in session.

If the American Legion building in Neligh hosted the jury selection, Legion manager Joyce Cameron would provide lunch for the people in attendance.

“It would kill two birds with one stone if we could do it at the Legion,” Mortensen said. “I needed your permission first.”

Board chair Charlie Henery wanted to make sure the jury selection was only going to take one day.

“The rent will be one day – just for selection,” Mortensen said.

“You said for the week,” Henery said.

“The trial is during the week, but the trial will be up here,” Mortensen said of the courthouse. “It’s just the selection process has to be in a bigger facility because we have to literally keep the chairs six feet apart from each other.”

Antelope County District Court Judge Mark Johnson explained to Abler and Mortensen that they have to provide adequate space to keep people six feet apart just for the jury selection.

“During the regular trial, six will be in a jury box and six will be over on the other side to keep them six feet apart,” Abler said. “We can accommodate just the 12 or 13 jurors, with the alternate, but during the selection, we’ve got to be able to spread them out.”

Mortensen, who did not mention the specific court case the jury selection was for, noted all 50 potential jurors have to be in the same room at the same time during the jury selection.

“They have to all be able to be in the room together to hear all the questioning together and to hear the judge’s instructions together,” she said.

“In the past, years ago, we could half of them in the basement and bring half of them up and try to do it that way,” she said.

“But by today’s standards for courtrooms, they have to all be able to hear the attorney’s questions at the same time and people’s responses,” she said.

Commissioner Carolyn Pedersen made a motion to allow Mortensen to select a venue big enough to hold the jury selection. Fellow commissioner Dean Smith seconded the motion.

Henery, Pedersen, Smith and board vice chair Regina Krebs approved the motion. Commissioner Eli Jacob was absent from the meeting.

Other business

In other business Tuesday, Aug. 11, the Antelope County Board of Commissioners:

-Approved a $300 promotional grant request from Steve Hankla of Clearwater Volunteer Fire and Rescue for funds for the annual Clearwater Firemen’s barbecue that will be held 5 to 8 p.m. Sunday, Aug. 23, at the Clearwater Fire Hall.

-Set a public hearing for the county’s one- and six-year road plan for Tuesday, Sept. 1.