NUECES COUNTY, Texas — The administrative judge for the Nueces County District Courts responded today to the concerns raised by the Coastal Bend Criminal Lawyers Association to the plan to re-open some courts for jury trials. The reopening would begin the week of February 8.
Judge Inna Klein‘s 214th District Courtroom has been transformed during this pandemic. There is now plexiglass throughout the room. It’s part of the safety measures being implemented to allow for some Nueces County District courtrooms to re-open.
"I would just like to stress the different judges will make different decisions based on their reasoning," Klein said.
"I am going to make my decision in the next few days based on the information I get from the risk manager and the physician who is leading the COVID movement in vaccinations here in Nueces County. I’m going to base my decision solely on numbers, science and medicine."
Judge Klein is also the local administrative judge in charge of Nueces County courts. She is ready to move forward with jury trials in her newly configured and COVID fortified courtroom.
She explained that her final decision won’t come until five days before the first scheduled trial. That’s when the health district and the risk manager for the county are going to make their final risk assessment of COVID.
Lisa Greenberg is the President of the Coastal Bend Criminal Defense Lawyer's Association. She and the organization are against the idea of being forced back to court right now.
"There are some attorneys who want to go to trial; they have evaluated their cases and the risk and they will tell the judge 'Hey, Judge, you wanna move your docket?' 'I’m ready to go to trial I’m ready,'" Greenberg said.
"But, for the rest of the attorneys who are saying 'I object I’m not ready. I’m not vaccinated. I’m scared. I’m scared for my client. I’m scared for the public.' Why force that?"
The association sent Judge Klein a strongly worded letter protesting the proposal. Now, the group has sent 3News its response to Judge Klein’s statements about moving forward as long as safety and health experts continue to sign off on the idea.
The association stated “just because jury trials can move forward doesn’t mean that they should.” The organization believes that it is not safe for the public to serve as jurors or for the attorneys to go back into the courtrooms for jury trials.
"The issue is that there are people who are very afraid," Klein said. "There are people that are very concerned. The judges are reaching out to the bar on February 2 at noon through an informational Zoom session by informing the bar of everything we have done."
The 105th District Court is Judge Jack Pulcher’s courtroom inside the Kleberg County Courthouse. The judge hears cases here and in Kenedy and Nueces County.
District Attorney John Hubert says he is ready to start up jury trials again once it’s safe. There is no plexiglass that’s been installed there in anticipation of jury trials. Social distancing is the order of the day whenever hearings are held by Zoom.
"The district judge has decided to wait until April 1 to see if we don’t have a broader immunity or broader vaccination rate," Hubert said. "Then, we can still take precautions, still take measures. I don’t believe there will ever be a trial again the way we used to do it.”
The bottom line here in Judge Klein‘s courtroom is that soon we could see jury trials starting up again. That will happen as long as our Health District and the County Risk Manager sign off on the idea that trials can move forward during this pandemic in these socially distanced courtrooms with plexiglass everywhere.
For the latest updates on coronavirus in the Coastal Bend, click here.
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