Jury trials to resume in 8th Judicial District
Jury trials are set to resume later this month in the magistrate and district courts of the 8th Judicial District, with new restrictions and precautions designed to prevent the continued spread of the novel coronavirus.
“Our courts have implemented precautions and procedures to protect the health and well-being of each person entering a courthouse during the public health emergency,” said Chief District Court Judge Emilio Chavez.
State courts have remained open throughout the pandemic, but jury trials in civil and criminal cases were suspended in March by the New Mexico Supreme Court.
According to a press release, the district’s first jury trial is scheduled for July 14 in Union County Magistrate Court. Magistrate courts will conduct trials in district courtrooms in their respective counties to “ensure adequate socialdistancing for all participants in a trial as well as the public and press observing the proceeding.”
Masks must be worn by anyone entering a courthouse in the district and temperature checks and verbal screenings will be conducted before people are admitted. Anyone with a temperature of 100.4 degrees or higher will be denied entry.
The courts will also adhere to social distancing protocols requiring at least six feet between people, with seating spaces marked in courtrooms for proper spacing. Attorneys and their clients will also be separated, and can communicate confidentially by text, notes or electronic means, including the possible use of two-way radio devices.
Jurors will be seated in both the jury box and the first rows adjacent to courtroom galleries. They will wait in the courtroom during recesses, rather than the smaller rooms typically used during trials. Jurors will also receive hand sanitizer, which is available throughout the courthouses, and a mask if they do not have one. “Hightouch” surfaces will be cleaned throughout the day, including doors, seating, witness stands, tables and courtroom kiosks.
To help reduce the length of jury trials, courts will conduct a hearing a week prior to resolve disputes regarding exhibits, witness testimony and other procedural matters.
Every courtroom has mobile Plexiglas dividers for use in areas with tight spacing, such as between judges, witnesses and jurors. Members of the media and the public will be allowed to observe trials in person. A separate room will be made available for remotely viewing a broadcast of proceedings if courtroom space is unavailable.
To limit the number of people in the district’s courthouses, audiovideo conferencing software will continue to be used to conduct hearings and most other nonjury proceedings. Lawyers and selfrepresented litigants can also file case documents electronically rather than visiting a courthouse in person.
“We welcome jurors back into our courthouses and greatly appreciate their willingness to carry out the civic duty of jury service,” Chavez said. “Jury trials represent the cornerstone of the American justice system.”