Why closing down civil court system would be disastrous

Under Milan Simonich’s proposition, domestic abusers get a pass (“It’s time for the civil courts to shut down,” Ringside Seat, March 23). After all, orders of domestic protection are part of our civil justice system.

Under Simonich’s proposition, welfare benefit appeals are not allowed and so people do not have access to courts to correct errors, and the consequences are that they suffer without food stamps or subsistence benefits or both.

Under Simonich’s proposition, appeals of the denial of unemployment benefits cannot take place. While he would like to believe that the administrative process is not free from error, I can assure you as a member of the State Bar of New Mexico for nearly 40 years, the government is not free from making mistakes that can hurt people. Closing down the civil courts will have disastrous consequences well beyond the above three examples.

Court filings are done electronically. Apparently, Simonich is not familiar with telephonic hearings or the courtroom’s layout. Counsel tables are more than 6 feet apart and the distance between counsel’s table and the bench is even greater. You are more likely to encounter a shorter space at the drug store or grocery store.

There are many safeguards for the taking of depositions. Depositions can be taken remotely. There are several feet of distance between the deponent and the lawyer asking the questions. Safe distancing can be done for in-person depositions.

Frank Herdman is a member of a fairly large firm by New Mexico standards. If he has an existing medical condition that he believes precludes his attendance, he can have one of his associates attend for him or appear telephonically. This is not rocket science.

I hope Simonich has a better idea of the situation and will revisit his prior comments with this additional information. Our courts must remain open to serve the public. Remember, “Justice delayed is justice denied.”

Michael Schwarz is a Santa Fe attorney practicing primarily in employment and civil rights law.