Administrative Order regarding the 35th Judicial Circuit Court

Thursday, June 4, 2020

COVID-19 Operational Directives: Phase One, effective June 1, 2020

On May 19, 2020, this Court certified to the Missouri Supreme Court that conditions are appropriate to operate under Phase One of the Supreme Court’s Order and Operational Directives dated May 5, 2020.

Beginning June 1, 2020, all Circuit, Associate Circuit and Municipal divisions of the Thirty-fifth Judicial Circuit will begin operations subject to Phase One operational directives set out in this Administrative Order. These operational directives will remain in effect until further order of the Court.

Phase One operational directives must remain in effect until at least June 15, 2020, and they may be extended if the incidence of COVID-19 significantly increases above the current relatively low level. In the event of a dangerous increase in the incidence of COVID-19, the Court may revert to Phase Zero or order a complete closure of the Court. Different phases may be applied to different counties or different municipal divisions as circumstances warrant.

In order to implement the currently applicable operational directives, it is ORDERED that:

1. Each person entering the court facilities shall be screened. Their temperature shall be taken and will be asked a few questions regarding their health. No person exhibiting COVID-19 symptoms or who has been exposed to a person exhibiting those symptoms may enter a court facility;

2. Personnel will be positioned at the front public entrance to turn away any person who is prohibited by this order from entering the facility;

3. The use of face masks by litigants and staff is required. The Court has masks to distribute if needed;

4. Only litigants, witnesses and attorneys will be admitted into the building. Family members and supporters must remain outside. If a litigant believes that he or she cannot process without support, the litigant should contact his or her attorney and request a continuance. The press will be admitted upon reasonable request;

5. A maximum of ten people per public room is encouraged where possible. This number will NOT include court personnel in the courtrooms;

6. Everyone will exercise social distancing. Court participants shall maintain spacing of six feet. Seating in courtrooms will be designated at six foot intervals;

7. Court personnel will work normal shifts, however vulnerable** court personnel will work from home;

8. All facilities will be cleaned several times a day and everyone will practice good handwashing and protective hygiene. Furthermore, hand sanitizer will be made available and encouraged to be used frequently throughout the day;

9. All jury trials are suspended through July 6, 2020, and this suspension may be extended thereafter;

10. All proceedings that do not require in-person appearances of parties or counsel may proceed or be suspended at the discretion of the judge in the matter as circumstances allow. Judges may exercise their discretion to conduct proceedings that do not require in-person appearances by teleconferencing, video conferencing or other available technology to the extent not otherwise prohibited by statutory or constitutional restrictions;

11. Matters involving vulnerable individuals may be taken up by video conferencing where possible and, where that is not possible, continuances shall be granted liberally;

12. A copy of this order shall be posted at every public entrance to each court facility.

This Order may be amended as circumstances require.

It is so ordered.

Dated: June 1, 2020

/s/Robert N. Mayer

Robert N. Mayer, Circuit Judge

Vulnerable individuals are defined by the CDC as individuals 65 years or older or individuals with underlying medical conditions, particularly if not well controlled, including those who suffer from chronic lung disease, moderate to severe asthma, serious heart conditions, immune disorders, obesity or chronic kidney or liver disease.

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