CHARLESTON – The state Supreme Court isn’t ready to reinstitute a statewide judicial face mask police even as a handful of circuit judges across the state once again begin to require face coverings in their courtrooms.
This week, Kanawha Circuit Court Chief Judge Carrie Webster signed an administrative order requiring mandatory mask wearing inside the Kanawha County Judicial Building. Monongalia Circuit Judge Susan Tucker also issued an administrative order requiring facial coverings in her courtroom, and Circuit Judges Thomas Ewing have done the same for all court offices at the Fayette County Courthouse.
“The Delta variant of COVID-19 is causing surges in cases across the United States, and new COVID-19 infections, hospitalizations and deaths continue to increase across the United States, particularly in areas with higher rates of community transmission and lower vaccination coverage,” Webster wrote in her order that was filed August 25. “Due to escalating health risks to the public posed by the rapid spread of COVID-19, it is hereby ordered that the COVID-19 Judicial Building Operating Procedures shall be modified and … the mandatory mask policy previously adopted shall be reinstated.”
Jenkins
| West Virginia Legislature photo
After federal court began requiring masks again recently, Webster said she spoke with the state Supreme Court and Gov. Jim Justice's office about the Kanawha County order.
"We decided that if we were to revert back to where we feel it could be a safety risk again, both the Supreme Court and the governor’s office felt we could do what we saw fit in terms of safety," Webster told The West Virginia Record. "This is something we can do, and the numbers are alarming."
As COVID cases increases across the state and the nation, Chief Justice Evan Jenkins said the state Supreme Court continues to take the safety of those who interact with the judiciary very seriously.
“The court took a leadership role and worked closely with the governor and his administration to take steps early last year,” he told The Record. “We’ve made adjustments and monitored as needed.
“Two months ago, I issued an order reducing the mask mandates at a time when CDC recommendations and the governor were making adjustments of appropriate safety protocols. Since that time, we have all seen that we have an emergence of COVID in a new variant that is having health and safety consequences and concerns throughout West Virginia.”
Jenkins said that order also included provisions that are important today.
“The order allowed the judicial officers at the local level, based on health concerns and other issues, to take steps necessary to protect their employees and the people we serve,” he said. “And we are seeing judges do that around West Virginia.
“The Supreme Court has taken the approach that the local health concerns and exposure rates vary. Courthouses and courtrooms are very different from county to county. The circumstances, conditions and logistical issues are different throughout West Virginia, and the Supreme Court feels very strongly about empowering our judicial officials at the local level to make decisions that best suit their circumstances.
“At this point, we have not taken a one-size-fits-all mandate approach, but we continue to monitor the situation each and every day.”
Jenkins did say the court encourages judges across the state to continue to use the investments made in technology and the comfort the folks are becoming much more used to in using remote appearance technology.
“In particular, the Division of Corrections and Rehabilitation overseeing jails and prisons appreciate the work the court has done in helping facilitate remote video arraignments, preliminary hearings and other proceedings that limit the need to physically transport prisoners to the courthouse,” Jenkins said. “We always will ensure everybody’s constitutional rights are protected, but we can also uphold those rights in a manner than ensures safety for all.”