Key Communications Issued
During the COVID-19 Pandemic
November 20, 2020
RE: An Important Message from
Chief Justice Debra Stephens
Dear colleagues,
I know we are all disappointed and distressed by the dramatic rise in COVID-19 activity in our state. See COVID-19 Activity Intensifying Across Washington State. The overall increase in COVID-19 cases is especially alarming as we head into the winter months and respiratory illness season. The restrictions on social and business activities announced by Governor Inslee earlier this week underscore the need to take dramatic steps to protect public health and safety at this critical time. See COVID-19 Guidance. We are at a critical moment not only because the virus is surging but also because we are on the cusp of having a viable vaccine and more available rapid testing. We can see brighter days ahead and must not lose our focus and our resolve to do our part in reducing transmissions and saving lives.
I write to ask every court in Washington to reassess the risk of in-person proceedings and the present ability to mitigate those risks consistent with public health guidance. See https://www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/CourtGuidanceCOVID-19.pdf.
I also ask that wherever possible, please reduce the number of staff and court users who come into court facilities by allowing work to continue by remote means. This is our opportunity to demonstrate that we can maintain our operations through the use of technology and innovation. Consistent with existing Supreme Court orders and the court-specific public health guidance developed by the state Department of Health, every court needs to take a hard look at their local COVID-19 numbers, and modify practices as needed to reduce exposure risks and increase compliance with important health and safety practices in all court facilities. We cannot know the individual health and safety challenges facing every staff member, juror or visitor to our courts, and the most respectful and just approach is to take all necessary steps to minimize everyone’s risk as much as possible.
Decisions on how to proceed will be driven by science and the sound guidance we have in place, as courts assess their operations and their facilities. Some courts are finding it prudent to hit the pause button on jury trials and in-person proceedings for a time. Others are proceeding cautiously following strict health and safety protocols and using facilities that allow for social distancing and have safe indoor air quality. For all in-person proceedings, please remember it is essential to adhere to the "strict observance" of public health measures — including screening, cleaning, social distancing and mask-wearing mandates — required by Supreme Court Order No. 25700-B-646. Where it is not possible to strictly observe health and safety protocols, proceedings should be moved to remote platforms if feasible, or be rescheduled.
We all recognize that taking extra precautions will require patience as court users and staff adjust, but our efforts now will help avoid even greater impacts later on our ability to deliver essential justice services in as timely a manner as possible.
Please know how much my colleagues and I on the Supreme Court appreciate the hard work, resourcefulness and resiliency of the judges, court professionals and justice partners in Washington State. Working together, we have persevered and overcome so many challenges throughout this unprecedented public health emergency. By redoubling our efforts and strengthening our resolve at this critical time, we will continue to advance the cause of justice and keep our courts safe and open so that we may serve the people of Washington.
Finally, at this time of thanksgiving, I want to especially thank you for your leadership and for all you are doing every day in your courts. Please extend our deep gratitude to the entire judicial family, especially the front-line staff who are the face of justice for the public we serve. Please take care and stay safe.
Chief Justice Debra L. Stephens
