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Law360 (May 29, 2020, 7:45 PM EDT ) The Delaware judiciary on Friday unveiled plans for a phased reopening of the First State's courts, with a limited opening tentatively scheduled for June 8 and the general public set to possibly be allowed back in courthouses the week following.
As the courts reopen after being closed to the public in March due to the COVID-19 outbreak, various restrictions will be in place, including the wearing of masks, social distancing, screening protocols before being allowed to enter facilities and limitations on courtroom capacity.
The staggered four-step reopening plan, compiled by a courts reopening committee, was outlined by Chief Justice Collins J. Seitz Jr. at a town hall videoconference Friday with court employees and members of the Delaware bar.
"As the governor starts to lift restrictions on the public, the judiciary is looking to increase its operations. Like many of our sister courts, we will follow a phased approach as we increase our operations," Chief Justice Seitz said in a statement. "The move from phase to phase will be guided by medical experts. If we find our procedures are not working or there is a second spike in COVID-19 cases we might have to slow our progress or step back a phase."
The chief justice said "the safety of the public and judicial branch employees" will determine the judiciary's reopening plans with a targeted date to roll out the most restrictive reopening phase on June 8 for certain individuals, including courtroom staff, attorneys and the media. The public could be allowed back in the courts the week following, depending on how the first phase goes, according to a judiciary spokesman.
Chief Justice Seitz, in consultation with the rest of the First State's high court, will determine when to move from phase to phase in the four-step reopening process, according to a news release. Decisions will be made with input from Dr. Alfred Bacon, a Delaware infectious disease expert who is advising the judiciary on its plans, the statement said.
The chief justice pointed out that although "the COVID-19 pandemic required the Delaware courts to limit public access to our judicial facilities," certain employees have continued to provide essential court services.
Officials said the first phase will be a "soft opening" permitting a limited number of professionals to return to courthouses. The number of courtroom staff who can be in a building will be limited, people will be required to wear masks and stay six feet apart and no more than 10 people will be allowed in a courtroom.
Once the public is permitted back in courtrooms, restrictions will remain in place, including the wearing of masks, social distancing and limited capacity in courtrooms, according to the news release. As the reopening phases progress, more staff will be allowed back until the courthouses are at full staffing capacity in the final phase.
Jury trials will not resume until the third phase of reopening while grand jury proceedings will resume in the second phase.
Safety protocols will be enforced once courts reopen, including screenings before entry with temperature checks and questionnaires aimed at determining if someone may have or has recently been exposed to the coronavirus, the release said. Visitors will also be asked to use hand sanitizer stations, there will be restrictions on the number of people in elevators and noncourtroom public areas will remain closed initially.
--Editing by Stephen Berg.
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