Presiding Judge Ryan W. Horsman issued an administrative order on Feb. 22 to move the courts in the 43rd Circuit from COVID-19 Phase One to Phase Two. This order relaxes COVID restrictions to a lower level. The 43rd Circuit had been in Phase One since Nov. 23, 2020.
Phase Two is authorized after certain requirements have been achieved, such as having no confirmed cases in the court facility in the past 14-day period and general improving conditions in the community as a whole.
Throughout Phase Two, the 43rd Circuit will follow protocols as outlined, including the use of teleconferencing and video platforms when practicable, the increase of in-person proceedings with the continuation of social distancing, a limitation on the number of people aloud to be physically present, and a careful screening process to determine whether a person presents risk of contamination.
Phase Two requirements:
- In order to maintain low occupancy rates in court facilities, the courts shall continue utilizing all available technologies, including conferencing via video on platforms such as Scopia and Webex, and teleconferencing, whenever practicable and when not prohibited by constitutional or statutory provisions. Judges may increase in-person court proceedings where they can safely be conducted in compliance with social distancing protocols and occupancy rate limitations. Social distancing shall be strictly observed throughout all such proceedings.
- Judges and clerks shall coordinate scheduling to minimize the number of persons present in the building by staggering dockets and reducing bulk daily dockets to smaller dockets scheduled in shorter increments of time.
- Members of the public who are not directly involved in a court proceeding will not be permitted in any judicial facility to attend said court proceeding without obtaining court permission in advance. Persons desiring such permission should contact the court clerk to request permission to attend and explain why their presence in the building may be necessary. Each such request shall be immediately relayed to the judge presiding over said proceeding for determination.
- No more than 25 persons will be permitted in any room in judicial facilities at any one time. Occupancy capacity shall be reduced if required to maintain social distancing of at least 6 feet.
- Strict social distancing protocols shall be observed and employed with all individuals maintaining separation of at least 6 feet.
- Vulnerable individuals shall be permitted to participate in court proceedings remotely or continue or postpone their required presence at the judicial facility. “Vulnerable Individuals” are defined by the CDC as individuals age 65 years or older or individuals with underlying medical conditions, particularly if not well controlled, including those who suffer from chronic lung disease, moderate to severe asthma, serious heart conditions, immune disorders, obesity, diabetes, chronic kidney disease or chronic liver disease.
- All persons shall answer screening questions and have their temperature taken via external scan prior to being permitted inside judicial facilities. No individual meeting any of the following criteria will be permitted inside the judicial facilities:
- Anyone with a temperature of 100.4 degrees Fahrenheit or higher.
- Anyone who has been exposed to COVID-19 in the past 14 days if he/she has not been vaccinated.
- Anyone who has tested positive for COVID-19 and not subsequently been determined by a licensed physician to be no longer contagious.
- Anyone who is exhibiting symptoms of COVID-19, including but not limited to fever, unexplained coughing or shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell.
- Anyone who has been asked to self-quarantine by any doctor, hospital or health agency and who has not subsequently been determined by such entity or a licensed physician to be no longer contagious.
- All Judicial employees and persons entering the courthouse for judicial or court-related issues are required to utilize masks or face coverings. All other employees and persons entering the courthouse for any reason are strongly encouraged to utilize masks or face coverings.
- Court facilities shall be regularly disinfected throughout the day.
- Hand sanitizer shall be available.
- Vulnerable judicial employees shall work with supervisors to establish reasonable accommodations for those vulnerabilities.
- Judicial employees should observe at least a six-foot minimum physical distance from others in all offices, meetings and court proceedings.
- Staggered shifts for judicial employees may continue when feasible.
- Judicial employees meeting any of the following criteria will be allowed to stay at home:
- Employee is subject to a quarantine or isolation order or is living with or caring for such an individual;
- Employee has been advised by a health care provider to self-quarantine or is living with or caring for an individual who has been advised to self-quarantine;
- Employee is considered high-risk based on local or state health officials or departments’ criteria for contracting COVID-19 or is living with or caring for such an individual; or
- Employee is experiencing symptoms of COVID-19 and seeking medical diagnosis or is living with or caring for such an individual.
