At least half a dozen of the state’s 22 judicial districts have temporarily halted jury trials, owing to the highly contagious omicron variant and the resulting explosion of COVID-19 infections in Colorado.

The Colorado Department of Public Health and Environment’s latest data reported roughly 5,700 new cases of COVID-19, with over 10,000 deaths since the beginning of the pandemic.

In response to the surge in cases, a handful of trial courts in the state are now resorting to the suspension of jury trials, as they did prior to the availability of vaccines.

“There are some jurisdictions that, because of the [COVID-19] numbers, have had to suspend jury trials again,” Chief Justice Brian D. Boatright told Colorado Politics recently. “We’re making progress on that front, but even today we continue to get news of a new variant. I think we all hold our breath to determine what the impact of that will be not only on our system, but our society.”

Effective on Monday, the 18th Judicial District, which covers Arapahoe, Douglas, Elbert and Lincoln counties, suspended trials through Jan. 28.

“This highly transmissible variant has been detected in all the state’s wastewater testing sites, suggesting widespread community transmission,” wrote Chief Judge Michelle A. Amico in her Dec. 30 order for the state’s most populous judicial district. “The CDC [Centers for Disease Control and Prevention] reports that anyone with omicron infection can spread the virus to others, even if they are vaccinated or don’t have symptoms and that the surges in omicron are likely to further aggravate the state’s healthcare system.”

Amico also noted that hospitals in Arapahoe and Douglas counties have little to no inpatient capacity, according to Tri-County Health Department data.

In the First Judicial District of Jefferson and Gilpin counties, Chief Judge Jeffrey R. Pilkington has stopped trials from commencing through Jan. 21, and given judges discretion to finish trials that are already in progress. Chief Judge Ingrid S. Bakke of Boulder County has halted cases through Jan. 28, citing an inability to safely assemble jurors.

The postponement extends through Feb. 14 in the Fourteenth Judicial District, which covers three counties in northwestern Colorado. In Weld County, Chief Judge James F. Hartmann indicated that nearly 10% of court and probation staff needed to quarantine for COVID-19 exposure as of Dec. 29.

“While some might argue that the data collected by the CDPHE and CDC is empirical and may not impact jury trials, particularly with the requirement that facial coverings are worn in court and probation buildings,” he wrote, “the reality is that we have experienced numerous instances of COVID-related events over the past week that convincingly tip the scale the other direction.”

In addition to the recently-issued orders, the Sixth Judicial District in southwestern Colorado had planned to restart jury trials in La Plata County on Jan. 6, following a reduction in COVID-19 cases since suspending trials in September. The recent surge in infections, however, may put that plan in doubt.

A spokesperson for the state’s Judicial Department said that further orders on jury trials are expected.

As of New Year’s Day in Colorado, the rate of positive COVID-19 tests was 17.2%, far higher than the 7% on Dec. 17. Nationwide, the government has failed to ensure the availability of COVID-19 testing even as most of the population is vaccinated.

Preliminary studies suggest that the omicron variant of the novel coronavirus, while more contagious, may cause less damage to the lungs.