The news stories that I heard about this week's back to work order never mentioned masks. But, as you'll see, the April 21 order also says that, as of May 1, mask wearing will be optional in court facilities.
As of May 1? Really?
Before getting to the text of the Order, a little unsolicited advice for my brothers and sisters at the bar and on the bench:
I had business at a suburban courthouse recently. As a not-wholly-voluntary retiree, I don't get to court as often as I'd like, so I wasn't entirely certain about the masking regulations. I had a mask in my pocket, just in case, and as I walked up toward the entrance I saw the prominent sign insisting that masks were to be worn at all times while inside. I dutifully put on my mask before going through the revolving doors and presenting my credentials to the Deputy Sheriff gaurding the portal. The Deputy Sheriff was masked, and he was standing next to a table generously supplied with paper masks for those members of the public who might not have brought their own. Because, even a couple of weeks ago, not a lot of members of the general public were sporting masks as they went about their daily business.
These masks at the entrance were pretty much the last masks that I saw. I can't say with certainty that no one else in that building was wearing a mask during the time I was there, but I was there for several hours and, to appease my Fitbit, I wandered around the building extensively when I had the chance, and I didn't see anyone else wearing a mask. Not in a courtroom. Not in an office. Not in the hallways.
Brothers and Sisters, this is a disaster. Not because I am so enamored of masks. Granted, I voluntarily wore mine a lot longer than most. I will wear one on the train pretty much forever, just as they have done for years in Japan. But I'm no pro-mask zealot. The issue isn't masks.
The issue is rules. Law itself. How can we, the gaurdians of the law, who depend on respect for the law for our very professional existence, show such disregard for the law? Well, you say, wearing a mask in 2023 is silly, maybe even paranoid. Masks are inconvenient and uncomfortable. Mask requirements, you say, are stupid. Let us so stipulate to all of this, if you wish.
But this silly, stupid rule was on the books. More important, it was posted on the courthouse door. And on several interior walls. Where the public could see both the signs and our noncompliance with same. And if we flout our own rules in the very civic temples we have built in honor of the law, buildings dedicated to the rule of law, we undermine the public's confidence in the law. All laws. And we undermine the public's confidence in us, as honest officers and guardians of the law.
I'm no saint. After several hours of wearing a mask, and being apparently alone in so doing, I quietly removed my mask and put it back in my pocket. When in Rome and so forth. If you don't care, why should I?
But you really should care. If you're going to have rules, you have to enforce them. If you want performative virtue signals, that's fine, too. Perform and signal like crazy. But don't make rules or laws you can't or won't enforce. Because performative laws that can't or won't be enforced undermine the very foundation of our profession. And of our country.
[Stepping down from soapbox now.]
Without further adieu, then, the complete text of General Administrative Order No. 2023-05:
GENERAL ADMINISTRATIVE ORDER No. 2023-05
SUBJECT: COVID-19 EMERGENCY MEASURES TERMINATED, MODIFICATION OF COURT OPERATIONS
In light of the May 11, 2023, termination of the National Health Emergency by President Joseph Biden and the State of Illinois Public Health Emergency by Governor J.B. Pritzker; consistent with public health guidance issued by the Centers for Disease Control and advice from the Chief Medical Officer for the Cook County Department of Public Health; mindful of the technological capabilities developed and employed to carry on the work of the Circuit Court of Cook County, Illinois, during the COVID-19 pandemic and the enhancement of access to justice afforded by those technologies; cognizant that public confidence in the court requires that the court not only do justice, but be seen to do justice; and pursuant to this court’s inherent authority,
IT IS HEREBY ORDERED that, except as expressly provided below or in extraordinary or compelling circumstances, all matters in all Districts and Divisions of the court shall be conducted as set forth in General Administrative Order 2023-03;
IT IS FURTHER ORDERED that, effective May 14 or as otherwise ordered, all judges and employees of the court, including its administrative departments, shall return to work in their regularly assigned workspaces and conduct business in person, telephonically or by videoconference from their regular work locations, subject to accommodations required by law, as follows:
Nothing in this section is intended or should be construed as a limitation on authority or discretion of the Presiding Judges of each Division or District, or the Directors or Department Heads of the court’s administrative departments to direct the judges or employees under their respective supervision to report to work, or continue to report to work, in person in excess of the percentages set forth above;
- Effective May 14, 2023, all judges and employees shall report to work at their regular work locations no less than 70% of each pay period;
- Effective May 21, 2023, all judges and employees shall report to work at their regular work locations no less than 80% of each pay period;
- Effective June 4, 2023, work from a remote location will not be permitted except as required by law or otherwise ordered;
IT IS FURTHER ORDERED that there shall be created by the Chief Judge a committee to study the feasibility of resumption of a degree of remote work at a future date and to make recommendations to the Chief Judge;
IT IS FURTHER ORDERED that self-represented litigants and other participants without access to the internet or a telephone shall be encouraged by the court and the circuit clerk to make use of the spaces and equipment provided by the court in each courthouse to participate in court proceedings by videoconference, but shall be permitted/encouraged to appear in person before the judge presiding in their matters if they present themselves in the Zoom Room in the courthouse where their matters are pending;
IT IS FURTHER ORDERED that the wearing of masks or other face coverings in court facilities is optional effective May 1, 2023, subject to resumption of the Office of the Chief Judge Face Covering Policy should public health experts indicate such resumption is advisable for the protection of the public, employees, and other users of court facilities. Anyone who chooses to wear a face covering is welcome to continue to do so;
IT IS FURTHER ORDERED that, at the direction received from the Cook County Department of Public Health, requests for removal of plexiglass from courtrooms and workspaces should be submitted to the appropriate Presiding Judge, Director or Department Head for approval;
IT IS FURTHER ORDERED that official court reporters and interpreters shall be available for remote proceedings conducted in courthouses as they would be for in-person proceedings; digital reporters shall operate the electronic recording system for in-person proceedings in courtrooms using an electronic recording system; when an electronic recording system is not available, at the discretion of the judge presiding, official court reporters and interpreters shall be present in the courtroom for in-person proceedings not using an electronic recording system; broadcasting, transmitting or publishing audio or video recordings of teleconference and videoconference court proceedings are prohibited, except as authorized by Ill. S. Ct. Rs. 44 and 46;
IT IS FURTHER ORDERED:
- MANDATORY ARBITRATION Mandatory arbitration hearings, including those previously scheduled, shall be held by videoconference or in person;
- MARRIAGES: Marriages shall be performed by appointment or on a first come, first served basis for those without appointments;
- HELP DESKS. All help desks, including, but not limited to, the Guardianship Assistance Desk for Minors, 69 W. Washington St., Chicago, shall operate by videoconference and in person;
IT IS FURTHER ORDERED that this order is effective immediately.
Dated this 21st day of April 2023.
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