Amended COVID-19 Response Plan for the Progressive Resumption of Full Function of Judiciary Operations

  

Circuit Court for
Baltimore City

Amended COVID-19 Response Plan
for the Progressive Resumption of Full
Function of Judiciary Operations

 

 

April 4, 2022

Introduction

Due to the spread of the novel coronavirus (“COVID-19”) throughout Maryland, and consistent with the guidance issued by the Centers for Disease Control and Prevention (“CDC”), the Maryland Department of Health (“MDH”), the Chief Judge of the Court of Appeals ordered all courts in the Maryland Judiciary to employ restricted operations to limit the concentrations of individuals and allow for social distancing, consistent with guidance of the CDC or MDH or both, beginning November 30, 2020.

On August 6, 2021, the Chief Judge of the Court of Appeals reiterated the five phases of a progressive return to full operations by the courts in the Maryland Judiciary, court offices, administrative offices, units of the Judiciary, the Offices of the Clerks of the Circuit Courts, and the clerks’ offices of the District Court, each phase representing an increase in the level of operation within court locations. Pursuant to the Ninth Administrative Order Clarifying COVID- 19 Health Measures in Courthouses and Judicial Branch Facilities, issued by Chief Judge of the Court of Appeals on August 6, 2021, individuals within any county or Baltimore City indicated by the CDC as having “high” or “substantial” levels of community transmission of the COVID- 19 virus and its variants were required to wear a face mask which covers the nose, mouth, and chin completely without vents at all times, including during in person court proceedings.

Beginning on August 9, 2021, all individuals were required to wear a face mask that covers the nose, mouth, and chin completely without vents at all times, including during in person court proceedings while within the Mitchell Courthouse, 100 N. Calvert Street, Baltimore, Maryland 21202, the Cummings Courthouse, 111 N. Calvert Street, Baltimore, Maryland 21202, the Judiciary section of the Juvenile Justice Center, 300 North Gay Street Baltimore, Maryland 21202, or the section used to accommodate jury panels for the Circuit Court for Baltimore City located at the War Memorial Building, 101 North Gay Street, Baltimore, Maryland 21202, (collectively, the “courthouses”).

Pursuant to the Administrative Order on COVID-19 Vaccination Requirements for Judiciary Personnel in Courthouses and Judicial Branch Facilities, issued by the Chief Judge of the Court of Appeal on August 20, 2021, “[a]ll Judiciary personnel, including, but not limited to, judges, magistrates, clerks, administrative and contractual staff, and interns, whether compensated by the State or by a local jurisdiction, who have received vaccinations as required by the COVID-19 vaccination protocols, were to provide proof of vaccination by September 27, 2021. Until such time that proof of vaccination was submitted, all Judiciary personnel who did not receive the required number of vaccination doses, regardless of the reason for their unvaccinated status, were required to submit a negative COVID-19 test result on a weekly basis in order to enter a Judiciary facility.”

Pursuant to the Interim Administrative Order Restricting Statewide Judiciary Operations in Light of the Omicron Variant of the COVID-19 Emergency, issued by the Chief Judge of the Court of Appeals on December 27, 2021, beginning on Wednesday, December 29, 2021, through February 8, 2022, the Maryland Judiciary reverted to Phase III of its progressive reopening plan.” Under this Order, jury trials that had already commenced as of the date of the Order proceeded to conclusion. However, jury trials scheduled to commence between December 29, 2021, and February 8, 2022, were rescheduled in accordance with the terms and conditions established by the Fourth Amended Administrative Order on Lifting the Statewide Suspension of Jury Trials and Maintaining Grand Juries filed August 6, 2021. On January 14, 2021, the Court of Appeals of Maryland issued an Extension of Interim Administrative Order of December 27, 2021 Restricting Statewide Judiciary Operations in Light of the Omicron Variant of the Covid- 19 Emergency, through March 6, 2022.

Pursuant to the Fourth Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency, issued by the Chief Judge of the Court of Appeals on February 18, 2022, beginning March 7, 2022, the Maryland Judiciary will resume operations under Phase V of its progressive reopening plan. Under this Order, jury trials will resume on March 7, 2022. The Chief Judge cautioned that Phase V may require continued restrictions to limit the concentration of individuals and continued social distancing as necessary.

In accordance with the CDC’s revised protocols on the wearing of masks issued on February 25, 20221, as well as the majority of local jurisdictions having emerged or emerging from mandatory health mandates related to the surge in COVID-19 infections due to the Omicron variant, the Chief Judge of the Court of Appeals issued the Fifth Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency, on March 1, 2022, reiterating the resumption of Maryland Judiciary operations under Phase V of its progressive reopening plan.

Pursuant to the Administrative Order Lifting the COVID-19 Health Emergency as to the Maryland Judiciary, the Judicial Branch’s COVID-19 emergency period shall conclude at midnight on April 3, 2022, and normal operations shall resume thereafter, pending further order.

Phase I: March 16, 2020,

Phase I, initially implemented March 16, 2020, through June 5, 2020, is the state of emergency operations consistent with the Fourth Amended Administrative Order Expanding and Extending Statewide Judiciary Restricted Operations Due to the COVID-19 Emergency, filed May 4, 2020.

Phase II: November 30, 2020, through March 14, 2021

In Phase II, initially implemented June 5, 2020, through July 19, 2020, November 30, 2020,

through January 15, 2021, and November 30, 2020, through March 14, 2021, courts expand the scope of matters to be heard both remotely and on-site, including matters that were postponed or deferred during restricted operations, as well as matters that must be prioritized. The Offices of the Clerk of the Circuit Court for Baltimore City Court shall remain open to the public for emergency purposes and by appointment for other matters. Court activities shall proceed with restrictions to limit the concentration of individuals and allow social distancing, consistent with guidance of the CDC or MDH or both.

Phase III: July 20, 2020, through August 30, 2020; November 16, 2020, through November 29, 2020; and December 27, 2021, through March 7, 2022.

1 COVID-19 Community Levels

In Phase III, initially implemented July 20, 2020, through August 30, 2020, and November 16, 2020, through November 29, 2020, courts schedule a broader range of matters, including certain non-jury trials and other prioritized matters, with limited in person services. The Offices of the Clerk of the Circuit Court for Baltimore City are open to the public. Court activities shall proceed with continued restrictions to limit the concentration of individuals and allow social distancing, consistent with guidance of the CDC or MDH or both.

Phase IV: March 15, 2021, through April 25, 2021

In Phase IV, initially implemented August 31, 2020, through October 4, 2020, and March 15, 2021, through April 25, 2021, courts resume non-jury trials and contested hearings in criminal, civil, family, and juvenile matters with continued restrictions to limit the concentration of individuals and allow social distancing, consistent with guidance of the CDC or MDH or both.

Phase V: Beginning April 26, 2021, through December 28, 2021; and March 7, 2022

In Phase V, initially implemented October 5, 2020, until November 16, 2020, and beginning on April 26, 2021, courts resume full operations, including jury trials, with continued restrictions to limit the concentration of individuals to allow social distancing, consistent with the guidance of the CDC or MDH or both.

April 4, 2022, the Maryland Judiciary’s COVID-19 emergency period concluded.

Handling Positive Cases

If an employee is infected by COVID-19 and has entered the court, upon notification, the organization’s representative shall:

  1. Contact the infected employee and supervisor to retrace the infected employee’s steps and determine who may have been in prolonged close contact with the infected employee. The supervisor will also track any offices, restrooms, or common areas the infected employee visited.
  1. Notify the Baltimore City Health Department. If the infected employee is a State Judiciary employee, contact Human Resources Department, Employee Relations at AOC as well.
  1. Contact Maryland Judiciary Employee Relations once alerted of a positive COVID-19 case and complete the Confidential Maryland Judiciary Contact Tracing Reporting
  1. In coordination with Administrative Judge, Audrey S. Carrión, contact by telephone all employees and outside personnel who may have had contact with the infected employee as soon as possible.
  1. If an employee tests positive for COVID-19, advise the employee that they must quarantine for five (5) days. If the employee has symptoms, they may return to work after 5 full days if they are fever free for 24-hours (without the use of fever-reducing medication) and their symptoms are If the employee has no symptoms after 5 days, they can return to work. If the employee was severely ill with COVID-19 or immunocompromised, they should isolate for at least 10 days. Any employee testing positive for COVID-19 must wear a mask for 10 full days after the first day of symptoms or positive test. The Administrative Judge may require a negative test or medical clearance before the employee is permitted to return to work. If the employee continues to display symptoms after 5 days, they should stay home.
  1. If an employee has been in prolonged close contact with someone testing positive for COVID-19 and has been either boosted or completed the primary series of Pfizer or Moderna vaccines within the last five months or completed the primary series of the Johnson & Johnson vaccine within the last two months, the employee will be advised to continue reporting to work. the employee should continue to watch for symptoms until 10 days after their last close contact with someone testing positive for COVID-19. The employee will be permitted to remain at work with a negative COVID-19 PCR The employee should wear a mask for 10 full days after close contact. If the employee develops symptoms within the 10-day window, they will be advised to stay home and retest if necessary.
  1. If an employee has been in prolonged close contact with someone testing positive for COVID-19 and has only completed the primary series of the Pfizer or Moderna vaccine over five months ago or the Johnson & Johnson vaccine over two months ago and is not boosted or is unvaccinated, the employee will be advised to quarantine for five full days. The employee should get tested 5 days after close contact and wear a mask for 10 days after the close contact. The employee should watch for symptoms until 10 days after their last close contact with someone testing positive for COVID-19. The employee may return to work with a negative COVID-19 PCR test.
  1. If an employee had close contact with someone with COVID-19 and had a confirmed case of COVID-19 within the past 90 days and has already quarantined, no additional quarantine is required unless the employee develops The employee should wear a mask for 10 full days after close contact with a person testing positive for COVID-19.
  1. Coordinate with Court Administration who will communicate with Baltimore City regarding the decontamination and cleaning of the courthouses, with specific attention to all areas visited by the infected employees.

Handling Presumptive Cases

When an employee reports possible exposure to COVID-19, the organization shall designate a representative to confidentially determine:

  1. What areas of the workplace the employee visited during the last 48 hours
  1. How long the employee was in contact with the other persons in the workplace: designating the time period by more or less than 5 minutes and obtain a list of persons contacted and whether the cumulative total of any contacts made within a 24-hour period were for 15 minutes or more.
  1. How close the employee was to other persons in the workplace: Specifying more than six feet or less than six feet.
  1. Whether the employee coughed or sneezed within six feet of other employees and whether any employees present during this episode were wearing masks.
  1. Whether there were any other circumstances (riding in same vehicle, shared food, ) that could result in community exposure

The above information shall be submitted to the Judiciary’s Human Resources Department. If the case turns from presumptive to confirmed, the organization shall:

  1. Notify the Baltimore City Health Department and the Judiciary’s Human Resources Department, Employee Relations.
  1. In coordination with each organization’s representative, contact by telephone all employees and outside personnel who may have had contact with the infected employee as soon as possible.
  1. Advise an employee who has been in prolonged close contact with someone testing positive for COVID-19 and has been either boosted or completed the primary series of Pfizer or Moderna vaccines within the last five months or completed the primary series of the Johnson & Johnson vaccine within the last two months, to continue reporting to work, or telework if permitted. The employee should watch for symptoms until 10 days after their last close contact with someone testing positive for COVID-19. The employee will be permitted to remain at work with a negative COVID-19 PCR test. The employee should wear a mask for 10 full days after close contact. If the employee develops symptoms within the ten-day window, the employee will be advised to stay home and retest if necessary.
  1. Advise an employee who has been in prolonged close contact with someone testing positive for COVID-19 and has only completed the primary series of the Pfizer or Moderna vaccine over five months ago or the Johnson & Johnson vaccine over two months ago and is not boosted or is unvaccinated to quarantine for five days. The employee may telework during quarantine, if permitted (and asymptomatic). The employee should get tested at least five days after they have had prolonged close contact with someone testing positive for COVID-19, and should wear a mask and watch for symptoms until ten days after the last prolonged close The employee may return to work with a negative COVID-19 PCR test. If the employee develops symptoms within the ten-day window, the employee will be advised to stay home and retest if necessary.
  1. Coordinate with Court Administration who will communicate with Baltimore City regarding the decontamination and cleaning of the courthouse with specific attention to all areas visited by the infected employee.

Conclusion 

The conclusion of the emergency period for the Judiciary marks a big milestone for us as we shift back to normal operations. We have learned a lot throughout the last two years, and we hope to be able to manage any setbacks that may occur in the future. We appreciate the continuous cooperation of all of our employees, staff, visitors and stakeholders.

/s/ Audrey J. S. Carrión           
Audrey J.S. Carrión,
Administrative Judge
Circuit Court for Baltimore City

 

 

 

 

 

 

 

 

mitchell CUMMINGS COURTHOUSE

111 N. Calvert Street Baltimore, MD 21202
Phone: (410) 396-5188
Business Hours: 8:30 a.m. to 4:30 p.m.

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mitchell MITCHELL COURTHOUSE

100 North Calvert Street Baltimore, MD 21202
Phone: (410) 396-5188
Business Hours: 8:30 a.m. to 4:30 p.m.

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JUVENILE JUSTICE CENTER

300 North Gay Street Baltimore, MD 21202
Phone: (443) 263-8706
Business Hours: 8:30 a.m. to 4:30 p.m.

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