Additional restrictions are being imposed to promote public health and prevent spread of the coronavirus at the Mohave County courthouse in Kingman. Various social distancing and operations changes were previously implemented under an Administrative Order issued last month by Presiding Judge Charles Gurtler.
Three of the four judges who hear criminal cases have now ramped up restrictions to the point that mostly only court personnel will appear in person for hearings. In-custody defendants will mostly appear by video and others will participate by teleconference when criminal cases are heard by Judges Rick Lambert, Derek Carlisle and Doug Camacho.
“No in-person court proceedings will be taking place until concerns regarding COVID-19 have (been) resolved,” wrote Camacho, in a directive adopted by Judges Lambert and Carlisle. “Attorneys shall inform all parties of these policies and advise them not to come to Court.
Out-of-custody defendants, attorneys and members of the media will appear for hearings electronically. And like jury trials before, sentencing hearings for not-in-custody defendants are suspended during the outbreak.
Judge Lambert took time to fully detail why the new restrictions are necessary.
“Over the last two weeks, I have had the opportunity to observe courtroom operations and the possible exposure that various parties have been subjected to which include attorneys, courtroom clerks, detention officers, court reporters, defendants, victims, media reporters, and other interested parties supporting the defendant or victims. I want to cite four brief examples:
Over the last two weeks, I have had the opportunity to observe courtroom operations and the possible exposure that various parties have been subjected to which include attorneys, courtroom clerks, detention officers, court reporters, defendants, victims, media reporters, and other interested parties supporting the defendant or victims. I want to cite four brief examples:
- A young woman appeared in court for sentencing. Her attorney was appearing telephonically, and she wanted to review the Pre-Sentence Report (PSR) that she had read several days prior. The prosecutor graciously shared their report with the Defendant. Half-way through the hearing the defendant began to cough and snivel. The prosecutor was at one point less than two feet from the defendant during the exchange.
- An out-of-custody defendant flew from Miami to Kingman to appear for sentencing. Miami is a COVID-19 “hot spot” because of “spring break” kids and New Yorkers fleeing their state to Florida. The defense attorney and the courtroom clerk were in very close proximity to the defendant while obtaining the signatures and processing the sentencing paperwork.
- Many defendants are signing plea agreements in the courtroom and if their attorney is appearing telephonically most need to “borrow” a pen. The clerks find a pen from their desk. Not to mention the Plea Agreement itself is passed back to the Court and ultimately to the clerk.
- Judge Camacho already cited the incident where a Court interpreter was infected and present in his courtroom, my courtroom, and in my JA’s office.
I could cite several more instances, however, the reality is that social distancing in the courtroom is impossible because the processing of documents defeats their efforts to maintain a safe distance. Some defense attorneys who are not appearing by telephone are inches from their client.
Starting Friday, April 3, 2020, this court will implement the same policies that Judge Camacho established in his court earlier this week.’’
His Judicial Assistant said Judge Billy Sipe did not adopt the Camacho directive, but plans to detail participating and attendance rules for his courtroom.
- Dave Hawkins
