Face mask mandate to come off in Minnesota state courts next week

Face masks will no longer be required in Minnesota state courts starting next week, Chief Justice Lorie S. Gildea announced Tuesday.

The mandate will end July 6, following the Independence Day holiday. Judges, employees and courthouse visitors will be allowed to wear masks if they want, though judges may require people to remove face coverings as necessary during court hearings.

Said Gildea, in a statement: "As the pandemic's impact on Minnesota continues to recede, so too will some of the health and safety protocols that were in place in our district and appellate courts."

And in her annual State of the Judiciary address to a remote session of the Minnesota State Bar Association's annual convention last week, Gildea said an effort was underway to determine how remote hearings might be used in the future.

State court restrictions have gone through various stages during the course of the pandemic, from a near-complete shutdown of in-person proceedings to a gradual reopening of operations.

Meanwhile, masks will continue to be required in common areas of the federal court buildings in Minneapolis and St. Paul, on the fourth floor of the building that houses the court system in Duluth and on the second floor of the Otter Tail County Courthouse in Fergus Falls.

Masks also will continue to be mandated in federal trials in Minnesota. Jurors for the federal courts in the Twin Cities come from the southern two-thirds of the state.

"We are watching the vaccination numbers for our jurors coming in and waiting to see [the numbers] climb," said Chief U.S. District Judge John Tunheim, who is based in Minneapolis. "We are ready to lift the mask requirement when the numbers are high enough."

In her speech to the bar association, Gildea reported that 93% of all state district court hearings have been online so far this year. All state appellate court arguments have been held online since April 2020.

Attorneys have said they prefer to conduct uncontested hearings remotely, Gildea said, and not just for health and safety reasons.

"Attorneys also cited reduced travel time and costs, more reliable scheduling hearing start times, and the fact that remote hearings make it easier for their clients to make their court appearances," she said.

Gildea said law enforcement and correction agencies have advocated for the continued use of remote hearings because they reduce costs and allay security concerns related to transporting incarcerated individuals to courts. Victim advocate groups said that victims feel safer and more empowered to participate in remote court hearings.

Litigants themselves had a strong preference for hearings held remotely because they reduce travel time and costs, and they are easier to attend than in-person sessions forcing them to take time off from work or find child care, Gildea said.

"Based on all the positive feedback and input we've received related to the use of remote hearings during the pandemic," she said, "we are presently undertaking a statewide effort to determine what role remote hearings should play in our courts going forward."

She said that no one is suggesting that 90% of hearings should continue online, but an effort will be made to determine the right balance.

The latest state court protocols will be in place until Labor Day on Sept. 6, in keeping with the court system's periodic review of rules during the pandemic.

Gildea's judicial order states that mandated misdemeanor criminal trials and contested hearings can be held in person starting Aug. 2. Criminal and civil trials will continue to take place in-person along with juvenile protection hearings, criminal settlement conferences and grand jury proceedings.

Other district court proceedings will continue to be held remotely unless the chief judge in each of Minnesota's 10 districts allows in-person proceedings for extenuating circumstances. The presiding judge will have the option of limiting the number of people in attendance at in-person proceedings.

At least one public service counter in each county and one in the appellate court will be open from 8 a.m. to 4:30 p.m. weekdays. Counter service can be provided remotely, by appointment or in person.

In federal court, remote hearings will continue for civil motions and for criminal defendants who consent to appear remotely. Criminal trials are held in one courtroom each in Minneapolis and St. Paul that are equipped with extensive plexiglass.

Beginning Aug. 2, federal courts will resume civil trials in courtrooms, Tunheim said. Civil trials are currently working with eight jurors so there can be adequate social distancing in the jury boxes, while criminal trials will continue to require 12 jurors plus alternates.

Randy Furst • 612-673-4224

Twitter: @randyfurst