In Re Response to Covid-19 pandemic.june 11

2020 Ark. 249

• Court: Supreme Court of Arkansas
• Decided: June 11, 2020
• Status: Published

Opinion

Cite as 2020 Ark. 249 SUPREME COURT OF ARKANSAS IN RE RESPONSE TO THE COVID-19 Opinion Delivered: June 11, 2020 PANDEMIC

PER CURIAM

In response to the ongoing COVID-19 pandemic, the Supreme Court of Arkansas

delivered per curiam orders on March 17, March 20, April 3, April 23, April 28, and May

8, 2020, implementing emergency precautions to help protect the public from unnecessary

risks. See In re Response to the COVID-19 Pandemic, 2020 Ark. 116 (per curiam); In re

Response to the COVID-19 Pandemic, 2020 Ark.125 (per curiam); In re Response to the COVID-

19 Pandemic, 2020 Ark. 132 (per curiam); In re Response to the COVID-19 Pandemic, 2020

Ark.163 (per curiam); In re Response to the COVID-19 Pandemic-Amendments to Court Rules,

2020 Ark.164 (per curiam); In re Response to the COVID-19 Pandemic Eviction Filings, 2020

Ark. 166 (per curiam); In re Response to the COVID-19 Pandemic, 2020 Ark.187 (per curiam).

On March 11, 2020, Governor Hutchinson declared a “State of Emergency” for Arkansas

related to the COVID-19 pandemic, which remains in effect. The courts of the State of

Arkansas have remained open and shall continue to remain open. Today, we announce the

following new protocols to resume some in-person proceedings while maintaining the

safety of the proceedings’ participants, along with the safety of the greater public. First, there shall be no more than 50 people in the courtroom or venue where court

is being conducted, provided there is adherence to the Arkansas Department of Health

guidelines. Those guidelines include: everyone in the room using face masks or coverings;

social distancing of at least 6 feet; mandatory body-temperature checks and health

questionnaires before entry into either the building or the courtroom; having hand soap

and sanitizer available; and sanitizing high-touch areas during the day and after the day’s

proceedings. These guidelines shall apply to every person in the room used for court

proceedings.

Second, the suspension of jury trials shall end on June 30, 2020, and jury summons

may begin to be issued immediately for jury service that begins on or after July 1, 2020.

Third, civil jury trials may be conducted, in whole or in part, by videoconference.

Criminal jury trials shall be conducted in person, except that voir dire may be conducted

by videoconference by agreement of the parties.

Fourth, the suspension of Rule 4(i) of the Arkansas Rules of Civil Procedure

announced in the per curiam order of April 28, 2020, shall remain in effect until further

notice. See In re Response to the COVID-19 Pandemic-Amendments to Court Rules, 2020

Ark.164 (per curiam).

This order does not mandate the resumption of in-person proceedings, but rather

lifts the suspension previously announced. Protection of the public from unnecessary risks

will depend largely on the discretion of individual judges. Decisions shall be based on the

growth rate of the virus in the area, the size of the venue in which court is conducted, the security measures necessary to conduct trials, the availability of personal protective

equipment, and other relevant factors. As such, jury trials in some counties may resume in

July, whereas most parts of Arkansas might not resume jury trials until September or later.

As it was announced by this court on March 17, 2020, for criminal trials, any delay for

speedy-trial purposes due to precautions against the COVID-19 pandemic shall

presumptively constitute good cause under Arkansas Rule of Criminal Procedure 28.3(h).

See In re Response to the COVID-19 Pandemic, 2020 Ark. 116 (per curiam).

This Order is to be interpreted broadly for protection of the public from the risks

associated with COVID-19. This Order applies statewide to all courts and court clerks’

offices except administrative courts of the executive branch, federal courts, and federal

court clerks’ offices.

It is so ORDERED.

WYNNE, J., dissents.