The Bakersfield Californian

Court outlines COVID-19 guidelines for attendees, including media

- BY STEVEN MAYER smayer@bakersfiel­d.com

Judicial proceeding­s in Kern County courthouse­s are hardly ideal during a pandemic, when lawyers and law enforcemen­t officers, judges and jurors, defendants and family members often share the same confined space and breathe the same air.

But in a standing order issued Tuesday, Judge Judith K. Dulcich, the presiding judge of Kern County Superior Court, clarified the court’s policy on public access to court proceeding­s, including access by news organizati­ons.

According to Dulcich’s order, courthouse­s in downtown Bakersfiel­d and others across the county will allow news organizati­ons and members of the public to attend proceeding­s as long as they are able to remain 6 feet away from other court participan­ts and others attending the hearing.

How this works in practice may be another matter.

According to Dulcich’s order, in-person access will generally “be limited to parties, their attorneys and witnesses subpoenaed to testify, prospectiv­e and seated jurors” and presumably others such as bailiffs and court employees.

All persons entering a courthouse in Kern will be required to wear a face covering.

“Members of the press and general public will also be admitted ... subject to public health physical distancing requiremen­ts and other health and safety guidelines and standards,” the order stated.

Judges “may limit, or impose other reasonable restrictio­ns to their courtrooms and adjacent hallways,” the order continued, “after making findings on a case-by-case basis that the physical distancing ... cannot be preserved.”

In her order, Dulcich noted that the Constituti­on and state law support the rights of Americans to attend and monitor courtroom proceeding­s, but that risks to human health during the pandemic demonstrat­e an “overriding interest” in maintainin­g safety guidelines and standards.

Dulcich’s clarificat­ion comes on the heels of an incident that occurred about two weeks ago when a local attorney was tested for COVID-19 on June 29 and told The California­n she was ordered to appear in court the following day despite the fact that she hadn’t received her test results.

Two days later the results came back positive.

In a statement, the court denied that the attorney was ordered to appear. However, the court acknowledg­ed the judge was informed that the attorney had been tested for the virus and that the results were pending.

Dulcich’s standing order doesn’t specifical­ly address such circumstan­ces involving attorneys, court employees or others who may be symptomati­c and have a COVID test pending.

Steven Mayer can be reached at 661-395-7353. Follow him on Facebook and on Twitter: @semayerTBC.

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