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Law360 (November 24, 2020, 4:06 PM EST) -- The broader reopening of Florida state courts during the COVID-19 pandemic will be tied to an effective vaccine being put into use, according to the latest guidelines issued by Supreme Court Chief Justice Charles Canady late Monday.
In a set of four administrative orders, the chief justice approved and adopted the findings of an Nov. 9 report from the 17-member Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 and also extended the workgroup's term from the end of the year until July 2, 2021. He also amended his existing order regarding trial court operations and issued a separate order pertaining to appellate courts in an effort to provide greater clarity.
Most notable among the changes was an update to 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.
As in the last set of revisions, made in August, the focus was on Phase 3, which is described as when "in-person contact is more broadly authorized."
The latest version eliminates language that says protective measures will be relaxed in Phase 3 and instead specifies that an effective vaccine must be "available and in use" — with "in use" being added on Nov. 19, according to a footnote in the workgroup's report.
The workgroup, which is chaired by Circuit Judge Lisa Taylor Munyon from the Orlando area, also eliminated a Phase 3 benchmark requiring that courts have continual operation in Phase 2, with certain in-person contact authorized with protective measures, for one month prior to entering Phase 3.
Additionally, the chief justice's order specifies that while courts are operating in Phase 2 or Phase 3, he and the chief judges must monitor public health data and local conditions at least weekly to determine if changes — including modifications to the operational plan or a reversion to an earlier phase — are needed.
When a court is required to determine if an operational change is needed, the court must document in writing its determination that no change is necessary or notify the Office of the State Courts Administrator of its decision to revert to a prior phase or what changes it is making, according to the order.
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.
Under the four-phase plan, courts facilities are effectively closed during Phase 1, with only rare in-person proceedings taking place, and 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.
The Supreme Court did not indicate how many courts, if any, are operating in Phase 2. Some limited jury trials resumed in parts of the state earlier this year under a pilot program using remote technology for all or part of the proceedings.
Monday's orders will remain in effect until amended again or terminated through another administrative order from Chief Justice Canady.
--Editing by Rebecca Flanagan.
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