It was New Mexico’s first jury trial since the pandemic crippled the U.S. criminal justice system, and defense attorney Roberta Yurcic was nervous.
The court had erected a plexiglass panel on the defense table as a shield against the coronavirus, and Yurcic could communicate with her client by passing notes through a hole in the barrier. But the man charged with drug trafficking could not read or write, so she felt she had choice but to get close.
“I basically had to prioritize effective assistance over his safety and my safety,” Yurcic said.
Similar dilemmas have arisen in courtrooms across the U.S. Even as confirmed virus cases climb in many states, some courts facing a growing legal backlog are beginning to hold jury trials again. Some attorneys complain that added safety measures are not enough and that they infringe on the constitutional rights of the accused.
Many courts are mandating masks for everyone, screening people for fevers and spreading jurors out in seating typically reserved for the public. Some are limiting the number of people allowed in courtrooms and streaming video of cases to allow the public to watch remotely.