A federal magistrate judge last week warned about an “extreme” backlog of trials due to COVID-19 protocols in the U.S. District Court for Colorado.

In a Sept. 18 order, U.S. Magistrate Judge Kathleen M. Tafoya observed that the curtailment of jury trials in Colorado Springs and the limited use of pilot trials in Denver’s Arraj and Rogers Courthouses meant that “the back up for trial settings is becoming extreme, to say the least” in Denver.

Jeff Colwell, the clerk of the district court, said that between Jan. 1 and Sept. 21 last year, there were 42 jury trials. In 2020, there were 15, all but two of which occurred in the first three months of the year.

“The large bulk of cases on the civil side ultimately settle before trial,” he said. “On the criminal side, the large bulk result in plea agreements where the defendant pleads guilty.”

The Administrative Office of the U.S. Courts, which maintains data on court proceedings by federal judicial district, showed that through the 12-month period ending on June 30, there had been 40% fewer trials per judge completed in Colorado than during the window ending in June 2019.

Tafoya noted that the Speedy Trial Act requires a trial to begin within 70 days of the filing of an indictment. A judge may grant an exemption, however, “on the basis of his findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.”

In the case before her, the offense was a misdemeanor, the defendant was not in custody and both parties agreed to a 180-day extension from the original trial deadline of Nov. 25. Only two trials in Denver can take place at any given time, Tafoya said, due to the distancing measures needed.

“The number of cases awaiting trial given the ban on trials which has been ongoing for over six months, is growing ever larger,” she wrote. “The court further finds that empaneling a jury would be difficult during the remainder of 2020, and that other criminal cases awaiting trial for Defendants on bond or in custody must be given trial priority access to the limited facilities available.”

The same day Tafoya issued her ruling, Chief Judge Philip A. Brimmer signed an order postponing indefinitely any trials scheduled before Oct. 31 that are not part of the pilot program. He previously halted trials in Colorado Springs and Grand Junction’s federal courthouses that required 10 or more jurors, given the buildings’ size.

This article has been updated with additional information from the clerk of court.