What To Know About Revised Mask Rules In Del. Courts

This article has been saved to your Favorites!
The Delaware Supreme Court has issued an order updating the state judiciary's policy on using face masks in court facilities, in light of Gov. John Carney's decision to lift the state's mask mandate in most places effective on Friday.

According to an order signed by Chief Justice Collins J. Seitz Jr. on Thursday, the court, in consultation with health experts, has determined that it is necessary to modify the rules for the use of face masks or coverings in state court facilities.

Per the order, which was effective Friday morning, judiciary employees must wear a face mask or covering when "speaking with any visitors to state court facilities, away from their designated workspace (except when eating or drinking in a break room or kitchen where three feet of physical distance can be consistently maintained), with other individuals in a workspace where a minimum of three feet of physical distance cannot be consistently maintained, and in a courtroom (except when speaking)."

Also, visitors to state court facilities "must wear a face mask or covering at all times except when speaking in a courtroom," the order said.

On Tuesday, Carney signed the 29th modification of Delaware's COVID-19 State of Emergency declaration "eliminating social distancing requirements and removing Delaware's mask mandate" effective on Friday morning, according to an announcement.

"Delawareans who are fully vaccinated have significant protection against this virus and can feel comfortable getting back to the things they loved to do before this pandemic," Carney said. "For our neighbors who aren't vaccinated, the message is clear. The COVID-19 vaccine is the best protection we have against the virus. Getting vaccinated is the best way to protect you and those you love."

The latest order continues to require that masks be worn in state-owned buildings and facilities, the governor's announcement said.

Also, residents were urged to follow Centers for Disease Control and Prevention guidelines that advise that "fully vaccinated people can stop distancing and wearing masks in most places indoors and outdoors, except in certain crowded and congregate settings."

"Unvaccinated and partially vaccinated individuals should continue to wear masks in public settings and around those who live outside of their household," Tuesday's announcement said, adding that children under two years old "must not wear a face covering due to risk of suffocation."

The chief justice's latest order comes as the state's courts prepare for the restart of jury trials in June.

In late April, Chief Justice Seitz signed an order extending the judicial emergency in place at the state's court facilities by another month, stating that phase three of the judiciary's four-stage reopening plan will be implemented on June 1. This phase includes the restart of jury trials and increased staffing capacity of up to 75% at facilities.

Delaware's courts were closed to the public in March 2020 due to the COVID-19 pandemic, and they were reopened in June of last year on a limited basis when the judiciary unveiled its four-stage reopening plan. In October, the state briefly restarted jury trials but quickly halted them and reverted back to an earlier phase of its reopening plan when virus cases spiked again.

--Editing by Steven Edelstone.


For a reprint of this article, please contact reprints@law360.com.

×

Law360

Law360 Law360 UK Law360 Tax Authority Law360 Employment Authority Law360 Insurance Authority Law360 Real Estate Authority Law360 Healthcare Authority Law360 Bankruptcy Authority

Rankings

NEWLeaderboard Analytics Social Impact Leaders Prestige Leaders Pulse Leaderboard Women in Law Report Law360 400 Diversity Snapshot Rising Stars Summer Associates

National Sections

Modern Lawyer Courts Daily Litigation In-House Mid-Law Legal Tech Small Law Insights

Regional Sections

California Pulse Connecticut Pulse DC Pulse Delaware Pulse Florida Pulse Georgia Pulse New Jersey Pulse New York Pulse Pennsylvania Pulse Texas Pulse

Site Menu

Subscribe Advanced Search About Contact