Courts cleared to mostly reopen

Judges may require safety measures for in-person cases

The Texas Supreme Court on Friday lifted most restrictions on in-person state court proceedings after Gov. Greg Abbott this week reopened Texas.

Almost all in-person court proceedings had been banned since the local onset of the COVID-19 pandemic, leaving courts no choice but to embrace remote hearings and appearances. With that requirement now ended, the Supreme Court is still encouraging judges to hold online trials and hearings, but will allow in-person proceedings if minimum health standard protocols and scheduling protocols are in place, according to the latest emergency order.

Local presiding judges also have the authority to require masks and impose social distancing requirements.

Harris County judges aim to solidify any changes to court operations by the end of next week, Administrative District Judge Robert Schaffer said.

“We have safety protocols in place that we’re going to continue with,” he said. “I think we’re going to take a breath, a deep breath, and read it (the order), and take another deep breath and read it again and try not to do a knee jerk response to it.”

Schaffer said he anticipates some changes will need to be made related to jury trials and other in-person proceedings. Jury trials have been occurring on a limited basis with the approval of

court administrators, and many defense attorneys are still opposed to holding jury trials at all.

Judges largely have jurisdiction over their own courtrooms, although they do have to comply with state orders and the Office of Court Administration.

Misdemeanor Judge Sedrick Walker, adminsitrative judge over the Harris County Criminal Courts at Law, said that based on his reading of the order, courts must take action to avoid spreading COVID-19. Masks are a way of doing that, he said.

“I can’t speak directly to the opinion of each individual misdemeanor judge at this time. However, I am confident that our judges would continue to require face coverings/masks in the courtroom,” he said. “In accordance with the guidance from the CDC and Harris County Public Health, the use of face coverings will continue to be required in my courtroom.”

With the latest order, local courts are also required to establish communication protocols to ensure that no one in the court buildings has tested positive, has COVID symptoms or had recent exposure. Similar rules are already in place in Harris County, since court workers ask screening questions as people enter the courthouse.

Regional judges and the Office of Court Administration will also no longer have to approve in-person proceedings. If a defendant requests a remote proceeding, however, the court has to comply.

Three justices of the nine dissented. The order expires June 1 unless it is extended.