Jury trials raise concerns among many attorneys
1st Judicial District protocols to be tested on July 13
SANTA FE — The New Mexico Supreme Court approved the 1st Judicial District Court’s plan to reconvene jury trials, making it the latest district court in the state to have its plan accepted.
The Supreme Court had temporarily suspended jury trials to prevent further spread of COVID-19.
But prosecutors and defense attorneys in the district agree that, even with safety guidelines in place, it will be difficult to balance the safety of a courtroom while maintaining the integrity of the judicial process.
“I think the best possible plans are in place, but logistically it’s going to be very, very difficult,” said Thomas Clark, a Santa Fe-based attorney.
Many of the expected challenges revolve around various court processes, which attorneys say are vital to maintaining the constitutionality of any proceeding.
One of those difficulties includes communication between defense counsel and their clients during a trial, since all those in a courtroom will need to maintain social distancing.
Clark said he is still not sure how he can effectively represent a client without being able to readily communicate with them at any moment.
“I can’t do a trial if I’m not sitting next to my client,” he said, adding that confidential bench conferences with judges would also be difficult. “I see that as the No. 1 problem.”
First Judicial District Assistant Attorney Mary Carmack-Altwies, who is running unopposed for district attorney, said prosecutors will