Judges mixed on jury trials amid COVID

With coronavirus infections on the rise in Clark County, jury trials that had been scheduled to start next month in District Court were canceled, Chief Judge Linda Bell said Monday.

But misdemeanor jury trials in Las Vegas Justice Court, which shares space at the Regional Justice Center, are still scheduled to go forward next week, according to Chief Justice of the Peace Suzan Baucum.

Bell’s decision came days after at least five District Court marshals tested positive for COVID-19.

“We will continue to monitor the situation and coordinate with health officials to determine when we can proceed safely,” Bell said in an email through a court spokeswoman.

At the Justice Court level, in early July, a month after the return of routine procedures, such as arraignments and preliminary hearings for defendants who are either out of custody or jailed, officials reported five positive coronavirus cases in the lower court system.

Baucum said Monday that figure has not changed in three weeks.

“We’re running business as usual,” she said, adding that some hearings would continue to be held telephonically or by video. “Things are going smoothly all throughout Justice Court.”

Hearings scheduled Thursday are expected to determine whether defendants and their lawyers are ready to move forward with misdemeanor domestic violence trials on Aug. 7.

“We’re confident that we can social distance our jurors,” Baucum said.

But some defense attorneys expressed concern about crowded courtrooms.

Clark County Public Defender Darin Imlay said he encourages his deputies to conduct as many hearings as possible by video, but that option is not always available in Justice Court, where criminal defendants often have their first interactions with lawyers.

“I think there’s too many people still coming into courtrooms,” Imlay said. “It is extremely difficult for attorneys to socially distance. I’m very concerned about it.”

Drew Christensen, who heads up the county’s office of appointed counsel, a team of private lawyers assigned to indigent defense work, said some of those attorneys also are worried about court appearances.

“We’re all trying to think of different, outside-the-box equations,” he said. “But it is difficult.”

While both Bell and Baucum require masks and social distancing, Imlay said that he “would like to see better enforcement” of mask wearing, “including among court personnel.”