Missouri courts now have an option that will allow them to progress past some COVID-19 restrictions, if vaccines are readily available in the circuit.
The state’s highest court has made changes to its operational directives with the recent increase in access to COVID-19 vaccines in Missouri.
This information helps further guide courts in the state in how to remain open and carry out their basic constitutional purposes while protecting their employees and the public.
“One purpose of the revisions is to establish a new phase, being Phase Four, in order that courts may progress beyond the previous restrictions on court operations due to COVID,” said Michael Pritchett, presiding judge for the 36th Circuit Court of Missouri, which serves Butler and Ripley counties. “In addition, the orders recognize that although conditions vary across the state as far as the current impact of COVID-19 is concerned, a certain degree of uniformity is required in all court operations.”
The Missouri Supreme Court issued the new guidelines last week, replacing the prior guidelines which went into effect in May and were modified in July.
“Progression to Phase Four is dependent upon the availability of a COVID-19 vaccine,” Pritchett said. “Courts are not permitted to move to Operating Phase Four until approved COVID-19 vaccines are readily accessible in the community.”
Under the new directives, local courts may operate in one of four operating phases, each reflecting differing approaches to in-person proceedings, personnel and staffing, and courthouse operations. Also, a Missouri court may not move to a higher operating phase unless it has been in the prior phase for at least two weeks. It may revert immediately to a prior phase when local conditions and circumstances require.
“Until the recent Supreme Court revisions, it was not possible for courts to progress beyond Phase Three,” Pritchett said. “Phase Four does not remove all restrictions; however, it does eliminate a previous requirement that courts revert to Phase Zero or Phase One in the event of a positive case in a court facility and lessens quarantine requirements for those exposed to COVID if they have been fully vaccinated.”
A local court may move to Phase Four only upon approved COVID-19 vaccines being readily accessible in the community in which the courthouse or court facility is located.
“Even in Phase Four, precautionary, mandatory measures remain in effect, such as use of face masks or coverings in public areas of court facilities,” Pritchett said. “Social distancing requirements will remain in force, regardless of an individual’s vaccination status.”
The new guidelines also advise courts which are operating in Phases One through Four to consider using HEPA filters to maintain air quality given the specific size of each courtroom, office or space in the court facility.
Phase Four continues precautionary measures, such as following social distancing protocols and wearing masks or face coverings in court proceedings and in public areas of the court facility, regardless of their vaccination status. However, court personnel with limited or no interaction with the public in their workspaces are exempted from social distancing requirements.
That said, Pritchett said he does not expect major changes in the operation of the courts.
“We are now endeavoring to conduct jury trials as they were previously scheduled without further delay,” Pritchett said. “The major impact of the remaining phase restrictions is the continuing need for the use of off-site facilities for jury selection. Due to social distancing requirements, it is not feasible or efficient to conduct jury selection in the limited area available in our courtrooms. The Supreme Court has advised that it is going to update its Procedures for Jury Proceedings during the COVID-19 Pandemic in the upcoming weeks.”