Stoddard, Dunklin counties suspend in-person court cases due to increased COVID cases

The courts in the 35th Judicial Circuit are continuing to operate at phase zero after increases in COVID-19 cases in both Stoddard and Dunklin counties.

Presiding Circuit Judge Robert Mayer signed an order last week lowering the circuit’s operating phase from one to zero. His order is effective until Dec. 17, and it applies to all state and municipal courts in both counties.

Under Missouri Supreme Court guidelines, nearly all in-person proceedings are suspended in operating phase zero.

The exceptions are proceedings necessary to protect the constitutional rights of criminal defendants, including the rights to a speedy trial and bonds, and civil cases pertaining to such matters as orders of protection, emergency child custody orders, temporary restraining orders and emergency mental health orders.

Since issuing his order, Mayer said, he held a criminal court docket Wednesday in Dunklin County, taking up the cases of defendants who were incarcerated in the county jail.

“We took them actually up in person (Wednesday); however, we implemented social distancing and had masks on,” said Mayer, who indicated he heard around 70 criminal cases, as well as six civil cases.

“We did most of them (civil cases) by telephone conference,” Mayer said.

Mayer’s next law day in Stoddard County is Wednesday, Dec. 16.

The Stoddard County Health Department reported Wednesday afternoon that the county had 2,365 total cases, including 137 active cases, and 54 deaths.

The Dunklin County Health Department reported a total of 2,358 total cases on Thursday, with 91 active cases, and 18 deaths.

“We saw an increase in the number of cases in both Stoddard and Dunklin counties, coronavirus cases, and we had some individuals within the courthouses that tested positive,” Mayer said.

Some of the positive cases, he said, were “close to the court system.”

Mayer said he was “of the belief that coming out of the Thanksgiving holiday we would probably see an increase in cases.”

Prior to Dec. 3, Mayer said, the circuit had been operating in phase one “for a long time” and had not advanced beyond phase one. Circuits have to remain in any of the four phases for 14 days before they can advance to the next phase.

Phase one allowed for more in-person proceedings to be held, but also limited the courtroom capacity to 10 people.

“Of course, in phase one, we could have defendants not in jail come before the court and process their cases,” Mayer said. “One of the reasons I delayed going (back) to (phase) zero is back months ago, when we got out of phase zero (moved to phase one), I implemented strict guidelines,” including temperature checks at the door and medical background questions.

“Then, we social distanced,” Mayer said. “We had additional personnel brought into the courtroom to wipe down and clean the premises hourly.

“I felt pretty comfortable in phase one, then we started getting some cases that were close to the judicial system and courts. It was better to go to zero, especially coming out of the Thanksgiving holiday.”

As to whether the order will be lifted next week, Mayer said, he was not ready to make that decision at this time.

“We’ll review it sometime next Tuesday or Wednesday,” he said. “ ... I’ll take into consideration the amount of cases, coronavirus cases, throughout the counties, both in Stoddard and Dunklin counties,” and also take into consideration “the employees of course, if any of them have tested positive, and the departments that assist in the court functions ­— Probation and Parole, the sheriff’s department, prosecuting attorney’s office and others.”