General Orders of Division III

RESCINDED - IN THE MATTER OF COVID-19 VACCINATIONS FOR EMPLOYEES OF THE COURT OF APPEALS

THE COURT OF APPEALS OF WASHINGTON

     WHEREAS, on February 29, 2020, Governor Inslee proclaimed a state of emergency due to the novel coronavirus disease (COVID-19) outbreak in Washington; and on March 13, 2020, President Trump declared a national emergency due to the COVID-19 outbreak across the United States; and on February 24, 2021 President Biden continued the national emergency; and
     WHEREAS, after months of improving COVID-19 epidemiological conditions in Washington State, the emergence of highly contagious COVID-19 variants, including the "delta variant" that is at least twice as transmissible as the virus that emerged in late 2019, coupled with the continued significant numbers of unvaccinated people, have caused COVID-19 cases and hospitalizations to rise sharply among unvaccinated populations and have resulted in breakthrough infections in some fully vaccinated individuals; and
     WHEREAS, on July 6, 2021, the Office of Legal Counsel of the United States Department of Justice issued a legal opinion stating that federal and state governments were not prohibited by federal law from imposing vaccination mandates, even when the only vaccines available are those authorized under U.S. Food and Drug Administration Emergency Use Authorizations; and
     WHEREAS, on August 9, 2021 Governor Inslee issued a proclamation requiring all employees, on-site independent contractors, volunteers, goods and services providers, and appointees of designated state agencies to be fully vaccinated against COVID-19 on or before October 18, 2021; and
     WHEREAS, the Washington Supreme Court entered an order mandating that those working for the Supreme Court become vaccinated, and strongly encouraging all other courts, agencies and entities within the judicial branch to implement similar vaccination requirements for their workers, and
     WHEREAS, court employees interact with the public on a regular basis, and they all interact with some portion of the community at large to varying degrees before and/or after court work hours; and
     WHEREAS, all court employees, regardless of their current work setting, need to be prepared to come to their worksite at any time necessary to meet the operational needs of the courts; and
     WHEREAS this court has the authority to take actions that are reasonably necessary for the efficient administration of justice and the fulfillment of its constitutional duties; and
     NOW, THEREFORE, pursuant to the Court's authority to administer justice and to ensure the safety of courts, personnel, litigants, and the public, during this public health emergency, it is hereby ORDERED:
     1. Prohibitions.
     This order prohibits any Worker from engaging in work for the Court of Appeals after November 1, 2021 if the Worker has not been fully vaccinated against COVID-19. A Worker must either be vaccinated or qualify for an exemption to be eligible for employment at the Court of
     Appeals.
     2. Exemptions from Vaccine Requirement.
     a) Workers for the Court of Appeals are not required to get vaccinated against COVID-19 if they are entitled under the Americans With Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII), the Washington Law Against Discrimination (WLAD), or any other
     applicable law to a disability-related reasonable accommodation or a sincerely held religious belief accommodation to the requirements of this order.
     b) To the extent permitted by law, before providing a disability-related reasonable accommodation to the requirements of this order, the Court of Appeals must obtain from the individual requesting the accommodation documentation from an appropriate health care or rehabilitation
     professional authorized to practice in the State of Washington stating that the individual has a disability that necessitates the accommodation and the probable duration of the need for the accommodation.
     c) To the extent permitted by law, before providing a sincerely held religious belief accommodation to the requirements of this Order, the Court of Appeals must document that the request for an accommodation has been made and the document must include a statement regarding
     the way in which vaccinations conflict with the religious observance, practice, or belief of the Worker.
     d) Reasonable accommodations will be determined on an individualized basis and, where an employee is exempt from this mandate, accommodations may include but are not limited to requirements to wear a mask, obtain viral testing regularly, socially distance, or work remotely.
     3. Acceptable Proof of Full Vaccination Against COVID-19:
     Where required above, Workers for the Court of Appeals must provide proof of full vaccination against COVID-19 to the Court Administrator/Clerk of their division.
     Acceptable proof may include:
     a) CDC COVID-19 Vaccination Record Card or photo of the card;
     b) Documentation of vaccination from a health care provider or electronic health record;
     c) State immunization information system record;
     d) Other forms approved by Human Resources.

     Personal attestation is not an acceptable form of verification of COVID-19 vaccination.
     4. Definitions.
     a) "Worker": For purposes of this order, "Worker" includes a person engaged to work as an employee, independent contractor, service provider, volunteer, or through any other formal or informal agreement to provide goods or services, whether compensated or uncompensated,
     but does not include a visitor or patron;
     b) Independent contractors, service providers, and their Workers are exempt from this order unless any provision of the contract to provide goods or services requires work to be performed in person and on site. For on-site work performed by an independent contractor, service
     providers, and their workers, full vaccination status is required unless an accommodation can be reached, as agreed to by the court administrators/clerks of the three divisions of the court of appeals, which allows for maximum safety to employees and the public.
     This will order take effect immediately and shall remain in effect until further order of the Washington Court of Appeals. 
     DATED this 1st day of September, 2021. 

Chief Judge David Mann, Division I
Chief Judge Linda Lee, Division II
Chief Judge Rebecca Pennell, Division III