I have a weird situation and want some feedback from anyone who may have had the same situation. I have an upcoming jury trial (Improper Sexual Activity with Person in Custody) in Pecos County on April 25, 2011. The defendant's wife works for the defendant's attorney and he wants her to sit at the counsel table. I think that will make the jury feel uncomfortable. Any suggestions?

Any chance she might have factual knowledge related to the case? People under a subpoena can't stay in court during trial as a general "rule."

The edefndant doesn't have a right to any potential witness sitting at counsel table. It is more than conceiveable that she will be called as a witness by the defense at some point. Simply because the defendant doesn't subpoena her for trial doesn't excuse her from the Rule, but I would make sure that she is under subpoena, so she can't tell the Court she will not be a witness and then later "change her mind".

How would a subpoena work with the husband-wife privilege? I would simply approach the bench at the beginnig of the trial and clarify that she will not be able to testify if she remains in the courtroom.

Thanks for your suggestions, I will let you know how this trial turns out.

Is his wife an attorney? If she's not, then why would she get to sit inside the bar?

So, with whom was the defendant having improper sexual activity?