County courts divided on masks as they reopen

Los Angeles, San Francisco and Santa Clara county superior courts are dropping social distancing requirements as of Monday, joining other courts across the state in an attempt to return to normal from the COVID-19 pandemic.

But courts are divided about masks.

In Los Angeles and San Francisco, for example, face coverings will still be required for all courthouse visitors regardless of vaccination status.

"Expanding access to justice remains the court's top priority," Los Angeles County Presiding Judge Eric C. Taylor wrote in a statement. "Public health guidance also dictates safety measures, including mask wearing, to protect workers and the public from spread of the virus and those persons not yet vaccinated. This is a huge step forward in our rise from the pandemic."

But other superior courts, such those in Orange and Contra Costa counties, are using an honor system that requires masks for unvaccinated people but doesn't ask visitors any questions.

Santa Clara County Presiding Judge Theodore C. Zayner issued an order saying, "All persons, including court staff and judicial officers, who enter the courthouses must wear a face covering in all public areas of the court and shared workplaces."

Anyone without a mask can be denied entry to a courthouse or courtroom, though exemptions may be requested, he added.

In many other counties, however, mask requirements have either already vanished or were to be eliminated for courthouse visitors Monday.

Some county courts have eliminated the requirements altogether. Others are requiring masks for prospective jurors. In every county, unvaccinated people or those who don't say they have been vaccinated will still be required to wear masks.

In Orange County, the policy was changed last Monday so fully vaccinated members of the public are not required to wear a mask when entering the courthouse.

"We worked very hard to maintain the health and safety of our community for the past 15 months," said Court Executive Officer David Yamasaki. "We need to be careful in the way we move toward normalcy, so as not to undo all that we worked so hard to achieve."

San Diego County adopted an identical plan effective June 15, with people who say they are fully vaccinated allowed not to wear masks without any proof being required.

Alameda County Superior Court's mask requirement was to be removed Monday, except for prospective jurors until they have said they are fully vaccinated.

"Under the new policy, members of the public who self attest that they are fully vaccinated (meaning at least 14 days have passed since their final vaccination dose) will no longer be required to wear face coverings in court facilities, although they may continue to do so if they choose," the court states on its website.

San Mateo County Superior Court is postponing any changes until July 5 but said it will also adopt what is "essentially an honor system," Court Executive Officer Neal Taniguchi wrote in an email Friday.

Taniguchi said the rules will be relaxed further in August but wrote that the transition from social distancing and mask wearing to something resembling normalcy will be an adjustment for many people.

"Eliminating mask wearing and social distancing immediately is like ripping the bandage off an open wound," he wrote. "We are just trying to afford everybody a degree of comfort when the public must appear in court."

Sacramento County Superior Court spokesperson Kim Pederson said the courts are eliminating social distancing requirements Monday but keeping mask rules.

San Joaquin County Superior Court will eliminate social distancing and its mask requirement for fully vaccinated people on July 6.