FARMINGTON — A state prosecutor has filed a motion asking that future Franklin County Superior Court proceedings be held at the actual courthouse, across the street from the District Court building on Main Street.

Assistant District Attorney James Andrews claims that the largest courtroom in the District Court building, which is also used at times as Superior Court space, is too small to handle the number of defendants, supporters, lawyers and law-enforcement officials who appear in court during sessions. Jury cases are still held at the Franklin County Superior Courthouse.

Felony charges, which are heard in Superior Court, are
more serious than the misdemeanor charges heard in a District Court
courtroom, Andrews said.

“The higher stakes at play make violence
and intimidation a very real possibility,” Andrews said in the motion.
“The current practice of hearing serious felony matters in the confines
of the District Court courtroom is injurious to the integrity of the
judicial process.”

Andrews previously had made four oral motions, prior to Superior Court proceedings beginning at District Court. He told justices that it is unconstitutional to prohibit people from entering the courtroom during sessions that are open to the public. Those motions have been denied and court sessions have continued.

Andrews filed a motion Jan. 21 for change of physical location of Franklin County Superior Court proceedings scheduled for Jan. 22 and for future sessions.

Proceedings were held at the District Court building on Friday. Because of the space issue, a court security marshal called names of people to come into the courtroom. Those people and their supporters were allowed in; the remaining people on the list stayed out in the lobby until it was their turn. Prisoners who normally are brought into the courtroom as a group were instead called in one at a time.

Director of Court Information Mary Ann Lynch said Monday that she would not comment on specific motions filed before a judge or on the judge’s ruling. 

“That said, the facilities situation in Franklin County is far from perfect,” Lynch said. “We need to consolidate the two court buildings in Farmington and create sufficient space for the public, court staff and law enforcement to work safely and efficiently. Until that happens, the judges are using their best judgments about use of staff and courtroom space.”

Andrews argues in his motion that District Court is physically and legally insufficient to meet the space needs of Superior Court cases.

“Cramped quarters of the district venue makes the courtroom more dangerous for victims of crime and the general public,” Andrews wrote in his motion. “Shackled prisoners are routinely seated in the front row of the crowded courtroom. This places them virtually in arm’s reach of the podium where victims of violent crime are frequently called to speak regarding the impact of crimes committed against them. It also places these prisoners directly in the path and line of sight of any person entering the courtroom through the only doorway available to the public.”

Victims and witnesses have repeatedly expressed their concerns to the staff and lawyers in the District Attorney’s Office, he said.

The Superior Court courtroom is large enough to isolate prisoners from the general public, Andrews said. There are also alternative entries for victims.

Andrews pointed out that all defendants are not prisoners when they attend Superior Court proceedings in the District Court building.

“Defendants in violent crimes and others who may have a motive for violence or intimidation simply sit on their legally allotted 18 inches of bench space in the over-crowded courtroom,” he wrote. “Due to budgetary constraints, there are people who have not been screened for weapons or contraband of any kind.”

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