Serving the High Plains

Courts to phase to more in-person proceedings

SANTA FE — New Mexico courts will phase more proceedings to in-person from now through July 19, though various public health precautions will still be taken to mitigate the spread of COVID-19, following a New Mexico Supreme Court order.

Except for jury trials, courts have conducted most proceedings since last year using audio-visual conferencing to eliminate the need for attorneys and litigants to enter a courthouse.

"State courts safely remained open throughout the COVID-19 pandemic to ensure critical justice services were available to New Mexicans," said Chief Justice Michael E. Vigil. "Now, as more people across the state are fully vaccinated, including judges and staff, and public health officials revise COVID guidelines, our courts can conduct additional proceedings in-person. We are continuing to assess our emergency court protocols and remain committed to assuring that all of our facilities are safe places within which to summon jurors and conduct court business.”

According to the Administrative Offices of the Courts, 76.1% of judges and employees in state courts are fully vaccinated entering July.

State courts will continue to operate with public health precautions. Health screening questions and masks are required for anyone to enter a courthouse, regardless of a person's vaccination status. Physical distancing of people also is enforced in court buildings.

The following court proceedings are impacted by the order:

• District, magistrate and metropolitan courts: Bench trials, plea and sentencing hearings, competency hearings, preliminary hearings, pretrial detention hearings and probation revocation hearings will be held in-person.

Civil bench trials may be held in person at the discretion of the chief judge of the judicial district. Also conducted in person will be order of protection hearings, termination of parental rights hearings, kinship guardianship hearings and hearings in protected and sequestered cases.

All other criminal and civil proceedings will be remotely conducted, unless a presiding judge orders otherwise in consultation with the district's chief judge.

Jury trials in criminal and civil cases will continue to be held in person.

n Appellate courts: Oral arguments before the Supreme Court and the Court of Appeals held in-person if all parties are fully vaccinated.

n Municipal courts: In-person if the Supreme Court has approved a plan by the local court for conducting the proceeding with appropriate public health protections.