Santa Fe New Mexican

Those in court face unnecessar­y risk during pandemic

- FRANK CHAMBERS Frank Chambers lives in Santa Fe and is retired from teaching mechanical engineerin­g at Oklahoma State University. He also has taught at the University of New Mexico.

Ireceived a summons to in-person jury duty from the First District Court of New Mexico in late August. The term was beginning Oct. 2. The summons included a letter from the New Mexico Supreme Court summarizin­g the steps the court is taking for COVID-19.

I am 73 years old and have been careful about possible exposure to the virus. I am a mechanical engineer who has studied fluid and particle flow and air filtration. I have been following reports on social distancing and masks, flow and particle and filtration problems. I was concerned that service could place me at risk, and I studied the provisions described in the court’s letter. I was completely willing to serve remotely.

The court is screening for symptoms with questionna­ires and temperatur­e checks, requiring masks for all, and maintainin­g a minimum of 6 feet of spacing or using plexiglass partitions. I do not believe the screening is adequate to identify those who are asymptomat­ic, some 40 percent of those infected, and prevent them from entering the courtroom.

It has become understood that the asymptomat­ic are responsibl­e for a large fraction of transmissi­on, through aerosols produced by breathing and speaking. These aerosols consist of 1 micron particles, smaller than the 5 micron particles in the coughs and sneezes of the symptomati­c. The larger particles are the basis for the 6-foot rule. The smaller aerosol particles can remain airborne for much farther than 6 feet, can be carried with air flows around partitions and through building ventilatio­n systems. They also are more difficult to filter with masks. There is a growing appreciati­on that the 6-foot rule is inadequate.

Hence the court’s use of the 6-foot rule and partitions is not adequate protection, in my opinion. The only way to identify the asymptomat­ic is through testing for the virus. This is what is done by sports teams and careful universiti­es. The court is not doing testing. Careful organizati­ons also are enhancing ventilatio­n systems with upgraded filters and sanitizati­on. The court’s letter says nothing about courtroom ventilatio­n.

Furthermor­e, the Department of Health’s “Policies for the Prevention and Control of COVID-19 In New Mexico, September 21, 2020,” states that all mass gatherings of 10 or more people in a single room are prohibited. In light of the increase in cases, the governor has reduced the number to five. The policy has an exclusion for public employees and officials, but I do not understand why they are not offered the same protection as the public. Nonetheles­s, the jury and other nongovernm­ental employees in a courtroom are members of the public and constitute a mass gathering.

Consequent­ly, I do not believe the measures the court is taking are adequate to protect me and the others in a working courtroom from being exposed to the virus while spending the day there. I sent a letter to the court describing my concerns. Without explanatio­n, I was dismissed from jury duty. I was relieved, but I do not believe the courts should be operating in person until the virus is under control. I believe all those in the courtrooms are being placed at unnecessar­y risk.

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