California Superior Court San Diego IN RE: FACE-COVERING AND SCREENING REQUIREMENTS

As a result of the COVID-19 pandemic, the Governor of California declared a state of emergency in this state. The President of the United States has also declared a national emergency. The COVID-19 pandemic continues to cause significant health and safety concerns nationally, throughout the State of California, and in San Diego County.

In response to the pandemic, the court was closed to the public and suspended services, except for certain time-sensitive and essential functions, from March 17 to May 22, 2020. (See General Orders of the Presiding Department, Ord. Nos. 031820-34, 040320-39, and 043020-47.) The court resumed most services by May 26, 2020; however, with community spread of COVID- 19 still a concern, many services were provided remotely or in the lobby area of each courthouse, and all courthouses and courtrooms remained closed to the public with limited exceptions for those seeking or participating in certain urgent emergency services.

The court plans to continue providing many services remotely, including most hearings. However, beginning September 10, 2020, the court opened public access to certain portions of its facilities with capacity limits to allow for adequate social distancing. The court will continue to

update its website (www.sdcourt.ca.gov) with information regarding which in-person services and facilities are available.

The court resumed in-person jury trials with one trial in the Central Courthouse beginning on October 13, 2020. The court will continue to gradually increase the number of jury trials per week and expand to other courthouses subject to social distancing limitations and other applicable public health guidance.

For those who must enter the court’s facilities, the court will comply with the guidance from county, state, and federal health authorities, including, but not limited to, conducting temperature and/or symptom screenings, requiring face coverings, enforcing social distancing, continuing increased cleaning measures, and providing hand sanitizer kiosks.

For good cause and pursuant to the court’s inherent supervisory and administrative authority, as well as the Presiding Judge’s duty to promote access to justice for all members of the public, taking into account the needs of the public and court as they relate to the efficient and effective management of the court (Cal. Rules of Court, rule 10.603), and in order to protect the health and safety of the public, court personneljudicial officers, parties, attorneys, witnesses, and law enforcement officers, this court HEREBY FINDS AND ORDERS AS FOLLOWS:

Until further notice, the court will comply with guidance from county, state, and federal health authorities and impose COVID-19 preventative control measures and symptom screening, including, but not limited to, the following:

1. All persons, including court staff and judicial officers, who enter, or are in line to enter, any court facility must wear a face covering consistent with the requirements of the California Department of Public Health Guidance (“CDPH Guidance”) for the Use of Face Coverings issued on November 16, 2020 (available at:

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face- coverings.aspx). Court staff and judicial officers may remove their face covering when working in an office or room alone or when actively eating or drinking provided they are able to maintain six feet of social distancing from persons who are not members of the same household. In addition, judicial officers may remove their face covering when on the bench if plexiglass barriers are in place. Persons younger than two years old are exempt from wearing a face covering. Other persons exempted by the CDPH Guidance, such as those with a medical condition, mental health condition, or disability that prevents wearing a face covering, will be assisted outside the courthouse or provided with an alternative accommodation. Any non-exempt person without a face covering may be denied entry to the courthouse or courtroom.

2. In addition to paragraph 1, all persons, including court staff and judicial officers, must wear a face covering at all times in any courtroom in the Juvenile Courthouse.
3. To be permitted into the courthouse, all persons, including court staff and judicial officers, must submit to temperature screening. The temperature screening is being coordinated with the San Diego County Sheriffs Department. Temperature screening will be conducted Monday through Friday, with the hours varied depending on location. No individual will be permitted to enter the courthouse with a temperature of 100 degrees or more.
4. No person will be permitted to enter the courthouse if that person is exhibiting COVID- 19 symptoms as described by the Centers for Disease Control and Prevention (“CDC”) (available at: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html), which currently include, but are not limited to, fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, or diarrhea.

5. Social distancing of at least six (6) feet shall be enforced in all courthouses, courtrooms, business offices, and public areas to the extent possible.
6. This order does not restrict or otherwise abrogate the express and inherent authority of the court and its judges to provide for the orderly conduct of proceedings, control in the furtherance of justice the conduct of persons connected with judicial proceedings, or to control processes and orders so as to make them conform to law and justice.

General Order of the Presiding Department of the San Diego Superior Court, In Re: Face-Covering and Screening Requirements, Order No. 092820-92, is rescinded as moot. THIS ORDER IS EFFECTIVE IMMEDIATELY AND MAY BE AMENDED AS CIRCUMSTANCES REQUIRE.

DATED: November 19, 2020

[Hon. Lorna A. Alskne]

PRESIDING JUDGE