Judges mixed on jury trials in Las Vegas because of COVID-19

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, adding that she wanted to ensure the court system would provide “access to justice for all Nevadans.”

‘Extremely difficult’

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.”

He said he’s working with court officials to continue cases as often as possible, and urged judges not to issue bench warrants for defendants who have stayed out of trouble while their cases work through the court system.

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.”

District Attorney Steve Wolfson, whose office has been the center of coronavirus-related complaints with Nevada’s Office Occupational Safety and Health Administration, has repeatedly ignored calls and messages from the Review-Journal seeking comment about his response to positive cases among deputies and his staff.

In Bell’s email, she said that the majority of coronavirus cases reported by court employees appeared to have “originated from contact outside of court facilities.” She pointed to the elimination of paper filings, enhanced cleaning and administrative orders about social distancing, courtroom capacity and face coverings. “While I know our efforts have substantially reduced the risk of contracting coronavirus at the court, it remains critical for those working and visiting court facilities to wear masks, avoid touching their faces, socially distance and wash their hands frequently.”

Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Follow @randompoker on Twitter.