Courts in Butler, Ripley counties to expand operations on Monday

With no recent confirmed COVID-19 cases in Butler or Ripley counties, administrative orders were signed allowing all courts in the 36th Judicial Circuit to begin conducting more in-person proceedings on Monday.

The orders apply to the circuit and associate circuit courts, as well as the municipal courts in Poplar Bluff, Doniphan and Qulin.

Presiding Circuit Judge Michael Pritchett signed orders after having met judicial, juvenile, law enforcement and health officials, as well as attorneys, from both counties to gain input on how to proceed with the gradual reopening of court operations.

“First and foremost on our minds, as judges, is the safety and comfort level of all who are involved in the operation of the courts,” Pritchett said. “We understand that some participants are more vulnerable than others.

“Obviously, due to the partial shutdown of our operations over the past two months, we now have hundreds of cases to address going forward.”

Pritchett said each judge will have the ability and discretion to determine what particular types of cases may be heard in person or otherwise and will deal with his own cases.

“Each judge deals with a unique docket, which will require more detailed instructions for specific types of cases,” Pritchett said.

The Missouri Supreme Court, Pritchett said, established three phrases for the gradual reopening of normal court operations.

“We are currently in phase zero, but our intent is to proceed with phase one operations immediately,” Pritchett explained. “We must remain in each phase for a minimum of 14 days and only phase up as circumstances warrant.”

In phase one, Pritchett said, the courts are required to “maintain appropriate social/physical distancing and operate according to occupancy limits.

“Each phase allows for larger numbers of individuals in the courtroom at a time. … Under phase one, we are limited to 10 persons in the courtroom and court hallways or other gathering areas at one time.

“We must also maintain appropriate social/physical distancing requirements, which involves the six-foot spacing we all know about.”

Pritchett said these restrictions “must be strictly and uniformly enforced” in order to “not jeopardize our ability to efficiently and orderly proceed through the phases.”

No jury trials will be held in phase one, said Pritchett, who anticipates receiving further guidance regarding conducting jury trials from the Supreme Court next week.

Pritchett’s order says local health and emergency management officials approve the changes, which are consistent with the restrictions and requirements established by the Supreme Court.

Based on discussions during Friday’s meeting, Pritchett said, officials are working to contract with a screening officer for Butler County.

The administrative order says in phase one, the court will operate with these restrictions:

• Members of the public who are not involved in court proceedings will not be allowed in the courtroom.

• Social distancing is required of court staff, attorneys, parties and witnesses.

• Individuals will not be allowed access to a court facility who have been exposed to or exhibiting symptoms of COVID-19.

• The temperature of all individuals entering a court facility will be taken and those with a temperature of 100.4 degrees or higher will not be allowed entry.

• The use of masks or face coverings by attorneys, parties, witnesses, victims and courtroom staff is encouraged.

• Occupancy in the courtrooms is limited to 10 people or less whenever possible.

• All proceedings that do not require in-person appearances of parties or counsel may proceed or be suspended at the discretion of the judge in matters as circumstances allow. Judges may exercise their discretion to conduct proceedings that do no require in-person proceedings by teleconferencing, video conferencing or other available technology to the extent not otherwise prohibited by statutory or constitutional restrictions.

• Technologies, such as teleconferences and video conferences, shall continue to be available. Attorneys are encouraged when feasible to schedule motion hearings and other matters through the utilization of such technology.

• Occupancy rates in courtrooms, lobbies, hallways and other gathering areas are limited to 10 people or less whenever possible.

• Extra cleaning and disinfecting will occur throughout each day and hand sanitizer will be made available.

• Jury trials will not be held during phase one.

Pritchett’s second administrative order regarding admission to court facilities says:

• Individuals involved in court proceedings will be required to check in at the east door of the Butler County Courthouse to be screened for entry;

• In order to comply with social distancing requirements and occupancy requirements, the number of persons allowed to enter the courtrooms and waiting areas will be substantially limited;

• Until allowed entry, individuals will be directed to wait outside the courthouse and remain at least six feet from others. Individuals may wait in their vehicles. Each individual will be notified via cellphone or other device, if available, of acceptance for entry.

• If upon screening, an individual is noted to have symptoms associated with COVID-19, entry will not be allowed, but his/her presence will be noted and reflected in Casenet.

• Entry to the courthouse for court proceedings shall be limited to those who are parties to a proceeding. A party may not be accompanied by a person not a party to the case.

• Once screened and accepted for entry, each individual will be provided a label, which must be worn in order to enter a courtroom.

• Those allowed to enter the courthouse will maintain social/physical distancing requirements at all times. Upon entry, directions will be given as to where to report for further instructions regarding entry to a courtroom.