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Law360 (March 16, 2021, 6:23 PM EDT ) Private prison giant GEO Group must face a June virtual trial on class and government claims it paid abominably low wages to detained immigrant workers, a Washington federal court ruled Tuesday, saying that despite GEO's objections, trial backlogs necessitate getting the show on the road.
Seattle federal judge Robert Bryan acknowledged the U.S. Immigration and Customs Enforcement contractor's opposition to a Zoom trial on claims it paid just $1 per day to ICE detainees who participate in a voluntary work program doing cleaning, laundry, painting and hair cutting, but the judge said the case must proceed to trial.
"I see this case at the top of the calendar, and it's caused me concern, ongoing daily concern, about getting it moving," Judge Bryan said.
"All of our calendars are a mess right now because of the pandemic," the judge added. "The criminal hearings and trials are backed up."
Despite the possibility of an appeal on the issue of his authority to unilaterally order a remote trial, he said he's moving forward with a June 1 date.
That prompted a new objection from GEO's lead lawyer, Joan Mell of III Branches Law LLP, who said one of its key trial counsel, Adrienne Scheffey of Akerman LLP, has a conflicting trial in a different court and can't be available for this trial until two weeks later.
Judge Bryan was unmoved, pointing out that the case has been on trial standby for almost a year.
"The best opportunity we have to have a regular jury would be in [the June 1] time frame, because of criminal cases that are going to follow," the judge said. "I'll deal with the other judge where you think you have a conflict, if that is necessary."
He said he still holds out hope for live proceedings of some kind. If it's safe by June, a hybrid model could be a possibility. But those decisions will be made later on, the judge said.
GEO Group, which owns and operates a 1,575-bed detention center in Tacoma, has maintained the case is ill suited for virtual trial and that a remote setting would prevent it from fairly presenting its positions.
The case combines claims by both Washington's attorney general and a class of private plaintiffs.
Washington says the company must pay detainees the state minimum wage, just as other private corporations doing contract work with the state are required to.
Judge Bryan has expressed doubt in the past as to whether the conditions of the detainees' labor give them labor law protections. But he ruled that's a question for the jury.
The state of Washington is represented by Andrea Brenneke, Lane Polozola, Marsha Chien, Patricio Marquez and Eric Mentzer of the Washington attorney general's office.
The private plaintiffs are represented by Jamal Whitehead.
The GEO Group Inc. is represented by Adrienne Scheffey of Akerman LLP and Joan Mell of III Branches Law PLLC.
The cases are State of Washington v. The GEO Group Inc., case number 3:17-cv-05806, and Nwauzor et al. v. The GEO Group Inc., case number 3:17-cv-05769, both in the U.S. District Court for the Western District of Washington.
--Additional reporting by Sarah Martinson and Justin Wise. Editing by Bruce Goldman.
For a reprint of this article, please contact reprints@law360.com.
