Potential Juror Jailed For Contempt Over Mask
Refuses judge’s order to wear mask By Robert Jordan Dunn Daily Record HARNETT COUNTY – A member of a Harnett County jury pool was jailed for contempt of court on Monday after refusing to wear…
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HARNETT COUNTY – A member of a Harnett County jury pool was jailed for contempt of court on Monday after refusing to wear a mask in a courtroom.
Gregory Hahn, 47, of Angier, was booked without bond after telling Senior Resident Judge Charles Winston Gilchrist he wouldn’t wear a mask.
“There are no signs anywhere in the courthouse that says masks are required,” said Hahn. “We were allowed to enter the courthouse without masks.”
But the next thing Hahn knew, he was jailed for contempt of court.
Gilchrist requires masks be worn in his courtroom to prevent any outbreak of COVID-19 that could derail a trial. The North Carolina 3rd Superior Court Division’s 11A District judge is the only one requiring masks in his Harnett County courtroom and is presiding over this week’s session of superior court.
Large pool of potential jurors
Harnett County Superior Clerk of Court Renee Whittenton said that an unusually large group of potential jurors showed up for jury duty on Monday. “We had a record number of (potential) jurors. It was the largest groups we have had appear since COVID-19 began,” she said.
“We summoned all the jurors in for orientation. At check-in, each juror was informed that Judge Gilchrist required masks to be worn in his courtroom.”
Before commencing juror orientation in the assembly room, Whittenton had to split the group in two due to space limitations. “In orientation with the second group, I reminded all the members of the jury pool that Judge Gilchrist required everyone in his courtroom to wear a mask. I asked everyone to please put on their mask,” said the clerk. “One of the members informed me that he refused to wear a mask.”
Whittenton called the courtroom to report the dissenting pool member.
“Judge Gilchrist instructed me to send the gentleman to the courtroom.”
Whittenton said she had no personal knowledge of what happened next, but a news tip to The Daily Record revealed that wasn’t the end of the story.
What happened next
Following his release from jail on Tuesday afternoon, Hahn spoke with The Daily Record regarding his odyssey.
“When I received the jury summons, there was no sort of instructions regarding masks,” Hahn said. “We have not been under a mask mandate for quite some time in Harnett County.”
Gov. Roy Cooper lifted most of the state’s mask mandates on May 4.
“I arrived at the courthouse and checked in. I was given my juror ID and the Clerk of Court informed me that I would be required to wear a mask in the courtroom. I made eye contact with the clerk and politely told her I was not going to wear a mask.
“She called the bailiff and had me isolated on the other side of the room.”
During roll call, Hahn says he raised his hand to identify his presence. A bailiff came and escorted him outside the courtroom.
“There are no signs anywhere in the courthouse that says masks are required. We were allowed to enter the courthouse without masks. When the bailiff heard my story, she appeared dumbfounded. She informed me that Judge Gilchrist wanted to talk to me,” Hahn said. “She escorted me to the courtroom where Judge Gilchrist was presiding over another case. I was motioned in to stand before the judge.”
Judge Gilchrist identified Hahn and asked why he was refusing to wear a mask in his courtroom.
“I said we’re not under any mandates, there’s no requirement, there’s no laws about it and I thought we were done with these masks,” Hahn said. “Judge Gilchrist then told me that it was required of everyone in his courtroom, and it was his order.”
Hahn then explained that Gilchrist told him that the penalty for not complying would be to find Hahn in contempt. The judge further explained that Hahn could be fined $500 and placed in jail for 30 days.
Then, Hahn says the judge asked him if he still refused to wear a mask.
Hahn says he answered that was correct.
The judge found him in contempt and instructed the bailiff to remove him from the courtroom.
“I asked the judge if he was going to do this without giving me any due process? The judge told me that was correct,” Hahn said. “I explained I was a single parent and needed to contact my daughter, the judge refused.
“I was transported to the Harnett County jail and kept there until about two o’clock on Tuesday afternoon.”
Hahn is a veteran of the U.S. Navy with a top secret clearance and served as a member of the President’s Honor Guard at Arlington Cemetery. He was a candidate for the Wake County Board of Education in 2020.
He plans to address this matter, but has yet to plan exactly how to do so.
Judge Gilchrist has not replied yet to a request for comment.
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