CIRCUIT COURT PHASE ANNOUNCEMENT – 06/25/20
As directed by the Missouri Supreme Court on May 4, 2020, judicial circuits
cannot rush to “open their doors” during this pandemic. They must do so
gradually. The Court developed four phases to allow for this process. In
determining whether phasing up is appropriate, the Court provided the following
specific “Gateway Criteria” to consider:
“1. No confirmed COVID-19 cases in the court facility within a 14-day period.
2. Rescission or lack of stay-at-home orders or the relaxing of group gathering
restrictions applicable to the community.
3. Improving COVID-19 health conditions over a 14-day period in the community,
including conditions such as the number of confirmed COVID-19 cases and related
deaths in relation to a community’s population density, size of particularly
vulnerable populations, and availability of medical facilities including emergency
and intensive care capacity.
4. Consultation with local health officials or departments concerning changes to
levels of court and courthouse activities.
5. Consultation with local judiciary partners such as children’s division personnel,
juvenile officers, members of the local bar, prosecutors and public defenders, law
enforcement and probation and parole.”
Starting on May 12, 2020, the 21st Circuit has engaged in phasing discussions with
judges, law enforcement officers, court administrators, prosecutors, public
defenders, juvenile officers, Department of Public Health officials, probation
officers, bar leaders and others. These discussions occur on a weekly basis, and
will continue even after this Circuit enters into Phase Three, as the possibility of
moving back to a lower phase always remains, depending on the status of the
spread of the virus. This Circuit has also engaged in discussions with the Chief
Judge of the Eastern District Court of Appeals and the Presiding Judge of the 22nd
Circuit; both Presiding Judges agreed to regularly speak with the Chief Judge and
always before deciding to change phases.
The 21st Circuit is currently in Phase One, as it has been since June 18, 2020.
Factors that this Circuit has considered this week include the following:
1. At this time, no resident of the St. Louis County Family Court Detention Center
is deemed to be positive for COVID-19. Two residents of the St. Louis County
Justice Center Jail were found to be positive for COVID-19 on June 10, 2020 (after
being tested on June 9, 2020). These individuals have not been in the County
Courthouse. Further, no employee of the St. Louis County Courthouse is deemed
to be positive for COVID-19.
2. On May 18, 2020 St. Louis County Executive Dr. Sam Page relaxed his March
13, 2020 Executive Order, allowing certain businesses to open while continuing to
observe social distancing and follow protocols recommended by the CDC and
County Department of Public Health. On June 15, 2020, all remaining St. Louis
County businesses began to reopen, pursuant to Dr. Page’s June 1, 2020
announcement. Those businesses include gyms, fitness centers, pools and movie
theaters.
3. In St. Louis County, during the week of June 1, 2020, 383 residents tested
positive for COVID-19 and 26 residents died due to COVID-19 complications.
During the week of June 8, 2020, 341 residents tested positive for COVID-19 and
12 residents died due to COVID-19 complications. During the week of June 15,
2020, 352 residents tested positive for COVID-19 and 5 residents died due to
COVID-19 complications. (Source: St. Louis County Department of Public Health,
June 25, 2020.)
Since the pandemic began, Missouri has had 19,421 confirmed cases of COVID19;
5,837 of those cases (30.05%) came from St. Louis County. Of the 982 deaths due
to COVID19 in Missouri, 557 (56%) came from St. Louis County. The number of
cases has increased statewide by 9.5 percent in the past week.
The transmission rate, R0, for Missouri is 1.24. This number measures the average
number of people who become sick from an infectious person. An R0 value of 1.0
means each case causes on average, one new case. If the value is less than one,
the spread of the disease is slowing. The higher the R0 number, the worse the
spread.
4. The 22nd Judicial Circuit has been in Phase One since June 1, 2020.
Accordingly, after the aforementioned consultation and consideration, the 21st
Judicial Circuit will remain in Operating Phase One on June 25, 2020. The Court’s
Phase status will be reviewed on an ongoing basis.
Michael D. Burton
Presiding Judge of the 21st Circuit
St. Louis County, Missouri
June 25, 2020
WHAT DOES PHASE ONE ALLOW BEYOND WHAT PHASE ZERO ALLOWED?
According to the Missouri Supreme Court’s May 4, 2020 Operational Directives,
during Phase Zero, all in-person proceedings must be suspended, with very few
designated exceptions.1
The Court, however, did not suspend court operations; it
simply indicated that proceedings continue, but through video conferencing and
other means.
Court operations during Phase One do not significantly change from those
permitted in Phase Zero. Only the “most extraordinary, pressing and urgent”
cases can additionally be heard in person. Occupancy rates in courtrooms and
other court areas must be ten people or less, whenever possible. The Supreme
Court has consequently made it clear to presiding judges that Phase One does not
allow for any jury trial exceptions whatsoever.
In summary, there simply cannot be any additional “in person” court proceedings
than those allowed in Phase Zero, unless a judge deems them to be “most
extraordinary, pressing and urgent.”
1 a. Proceedings necessary to protect the constitutional rights of criminal defendants, including the right to a speedy trial, and the rights afforded
under section 544.676.3;
b. Proceedings pursuant to chapters 210 and 211 pertaining to juvenile delinquency and abuse, neglect, and termination of parental rights;
c. Proceedings pursuant to chapter 453 pertaining to adoption;
d. Proceedings in which civil or criminal jury trials are already in progress as of March 16, 2020;
e. Proceedings pursuant to chapter 455 pertaining to orders of protection;
f. Proceedings related to emergency child custody orders;
g. Proceedings related to petitions for temporary restraining orders or other forms of temporary injunctive relief;
h. Proceedings related to emergency mental health orders;
i. Proceedings pursuant to Chapter 475 for emergency guardianship or conservatorship;
j. Proceedings directly related to the COVID-19 public health emergency;
k. Oral arguments regarding time-sensitive matters; and
l. Other exceptions approved by the Chief Justice of this Court.