February 11th, 2005

The recent closure of a Billings courthouse due to the presence of asbestos has raised concerns. The Billings courthouse was inspected and it was found that asbestos was present in the air in the basement and on the first floor. The building has been evacuated and closed whilst the necessary works are carried out, but no long term solution has been identified.

The courthouse has been having problems with asbestos every since works were carried out last year, and it is thought that asbestos must have been disturbed at that time. It has already closed twice before for the same reasons, including once in the last couple of months.

US Marshall Dwight McKay stated: ‘‘They keep having these high readings, and they can't tell us where it's coming from. All I want to know is, ‘Is it safe for my staff to work in there?' Until it is safe, they are not going to work in there. I want it in writing. I don't want it over the telephone.''

US District Judge Richard Cebull added: ‘This isn't the first time we have been shut out of the courthouse. The problem is this: If I have a jury trial and we get locked out for days. In a civil trial, I can declare a mistrial and try the case again. In criminal cases there arises the question of would I be able to declare a mistrial without facing the issue of double jeopardy in a new trial?''