Space concerns in courtroom prompts motion

FARMINGTON – Concerns of legality and safety have prompted a motion to hold superior court proceedings at a larger courtroom.

Assistant District Attorney James Andrews filed a motion to change the physical location of Franklin County Superior Court activity to the Franklin County Courthouse, for Friday’s proceedings and all future sessions. Currently all non-jury trial activity is held in Courtroom One at the Farmington District Court building. Located across the street from the courthouse, the district court is listed as capable of containing 80 people, two thirds the number of the courthouse’s more expansive facilities.

The district courtroom is a newer facility, and is often used for both district and superior court proceedings. However, recent issues have arisen in regards to space.

During motion days, when the court attempts to process many defendants at once, the room can fill to capacity, an issue compounded by the presence of incarcerated defendants from the Franklin County Detention Center who require additional space, as well as attorneys, reporters and courtroom security.

This occurred most recently on Dec. 18, 2009, as mentioned in Andrews’ motion.

“Approximately 30 members of the public who were seeking admission to the Farmington District Court Courtroom at 8:30 AM were told they could not enter the courtroom,” Andrews, who has raised similar, verbal motions in the past, wrote. “Public court proceedings occurred behind closed doors while these members of the public were excluded from the courtroom.”

This is illegal, according to Andrews, with state statute calling for public court proceedings to be open for anyone who wishes to attend. He also argues that there are safety concerns associated with the courtroom, with little space separating shackled prisoners and other defendants. Andrews also points out that the superior courthouse is Franklin County’s “designated courtroom,” a status that can only be altered by the Superior Court Chief Justice.

“These statutory edicts are not mere matters of convenience which may be arbitrarily set aside,” Andrews wrote.

In the past Justice Michaela Murphy has dismissed verbal motions made by Andrews to move across Main Street. Court officers typically ensure that anyone with an appearance before the justice gets a seat, then fill remaining space with spectators, which can include the family and supporters of defendants or victims.

Andrews made the written motion the day before the Friday’s motion day. The motion was not addressed in court, but the standard practice of having all defendants enter the court was changed. Instead, roughly 20 defendants were admitted, with another 40 defendants waiting in the hall for the justice to call their name. Additionally, incarcerated prisoners were admitted one at a time to see the justice, rather than being brought in all at once.

It is not known if the change in procedure was related to Andrews’ motion, and Andrews was not certain if Murphy had ruled on the motion.