Court outlines COVID-19 guidelines for attendees, including media
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.