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Law360 (August 12, 2020, 10:10 PM EDT) -- Florida Supreme Court Chief Justice Charles Canady issued two new orders Wednesday adopting new criteria for when courts are ready to reopen more fully but also to determine when they might be required to revert to an earlier operational phase in the event COVID-19 pandemic conditions deteriorate.
The chief justice approved and adopted the findings of an Aug. 6 report from the 17-member Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19, which he formed under the leadership of Judge Lisa Taylor Munyon of the Ninth Judicial Circuit in April.
The updates further develop a four-phase plan established in prior orders after the courts started operating under pandemic restrictions in March, conducting most hearings and other operations remotely.
Most notably, the latest update sets benchmark criteria for transitioning to Phase 3, which is described as when "in-person contact is more broadly authorized and protective measures are relaxed."
"Phase 3 represents a more significant 'reopening' of the courts where the nature of case types and the volume of cases being heard in-person will increase," the workgroup said in its report.
To move into Phase 3, courts will have to have had continual operation under Phase 2 for at least one month; confirm continuing satisfaction of Phase 2 criteria; confirm the court has adequate resources, supplies and capacity to handle more in-person contact; and identify any modified or relaxed Phase 2 guidelines, according to the order.
As with prior phases, individual courts must develop a Phase 3 operational plan that will be reviewed by the county health department or a local health expert, and public health and local conditions must be monitored at least weekly, according to the report.
The order said it recognizes that details of any changes or relaxations to protective measures may vary by county and will have to be determined closer to the actual move to Phase 3 to ensure they follow the most current and accurate guidelines about COVID-19.
Other requirements include developing a human resources policy to address potential exposure for court employees and judges and updating health screening criteria for entry into a courthouse, according to the order.
The workgroup also established guidelines for reverting to and returning from a previous operational phase, based on local trends in COVID-19 cases and hospitalizations over the previous two-week period and the positivity rate of testing. Changes may also be required if local health officials or data determine that conditions have changed to the extent that a court no longer meets the benchmarks for a particular phase or if a court's resources become inadequate.
Wednesday's update is the first since June 17, when Justice Canady said that local chief judges will be able to lift the current suspension of jury trials in courts they supervise 30 days after determining that the judicial circuit or a county within the circuit has entered Phase 2.
The Supreme Court did not provide information Wednesday on how many courts, if any, have so far entered Phase 2, which is described as limited in-person contact for certain purposes with the use of protective measures.
Some limited jury trials have resumed in parts of the state under a pilot program using remote technology for all or part of the proceedings. The first such trial with a binding outcome was held this week in the Fourth Judicial Circuit.
Phase 4 will be when COVID-19 no longer presents a significant risk to public health and safety in the state courts, according to the orders.
Justice Canady issued his initial order on pandemic-related court restrictions on March 13. It represented the first time a limit on face-to-face proceedings was ordered in Florida since 1972, when the state's court system was unified.
In his earlier orders, Justice Canady had directed all circuit and county courts to fulfill their responsibility to conduct proceedings critical to the current state of emergency or the public health emergency, but told each circuit's chief judge to cancel or postpone any nonessential proceedings unless they could be conducted remotely.
--Editing by Bruce Goldman.
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