New Emergency Directives: Facemasks Now, Jury Trials Later

The Chief Justice entered two new emergency directives last week, requiring people in court facilities to wear face coverings and directing senior resident superior court judges to craft a plan for jury trials to resume in the fall. Face coverings. Face coverings have been required in most public spaces since June 26, 2020 pursuant to Executive Order 147. That gubernatorial order did not, however, apply to court facilities. As a result, requirements for face coverings in courthouses have varied among judicial districts. The Chief Justice created uniformity last Thursday when she entered an emergency directive requiring people in court facilities to wear face coverings while they are in common areas of the facility and when they are interacting with others. McKinley Wooten, director of the Administrative Office of the Courts (AOC), entered guidance in a July 17, 2020 memorandum clarifying that common areas are areas available for use by more than one person, such as lobbies, hallways, courtrooms, elevators, stairways, breakrooms and bathrooms. The Chief Justice's directive requires clerks of superior court to post a notice of the face covering requirement at the entrance to every court facility in their counties. Exceptions. The face covering requirement for court facilities does not apply to a person who (1) cannot wear a face covering for health or safety reasons, (2) is actively eating or drinking, (3) is communicating with a person who is hearing impaired in a way that requires the mouth to be visible, (4) is temporarily removing a face covering to [...]