Half of the adults in North Carolina have been fully vaccinated against COVID-19, and the number of people testing positive for the virus in the state continues to plummet. Fewer than 200 positive cases were identified on the last day for which case counts were reported. Metrics like these signal the waning of a pandemic that has altered the lives of North Carolinians over the past 15 months and that has hampered the operations of state courts. On Friday, Chief Justice Paul Newby issued an order, effective today, extending only two of the dozens of emergency directives that have been issued over the course of the pandemic. Noting that COVID-19 concerns have caused cases to accumulate in the courts, Justice Newby stated that he was extending for 30 days only those directives necessary to dispose of those accumulated cases: Emergency Directive 3 and Emergency Directive 5.
Chief Justice Paul Newby
An Update on Face Covering Requirements in Courthouses (and Elsewhere)
A week ago, I noted that Chief Justice Paul Newby had renewed several emergency directives, including Emergency Directive 21, which required that persons in a court facility wear a face covering while in common areas of the courthouse. That changed on Friday, following the Centers for Disease Control’s advice that fully vaccinated people can safely resume most indoor and outdoor activities without wearing a mask. By order issued and effective on Friday, May 14, 2021, Chief Justice Newby eliminated Emergency Directive 21 altogether.
May 10 Order Renews Some Emergency Directives, Lets Others Expire
More than 50 percent of adults in North Carolina have received at least one dose of the COVID-19 vaccine, and more than 43 percent of NC adults are fully vaccinated. COVID-19 cases have declined precipitously since a January peak of more than 15,000 positive tests on a single day, with daily cases now averaging under 2,000. Governor Roy Cooper has responded to these positive trends by lifting outdoor mask restrictions and increasing mass gathering capacity limits. The Governor has said if these trends continue, he plans to lift mandatory social distancing, capacity, and mass gathering restrictions by June 1.
Courthouse personnel, charged with ensuring that courts remain open and that justice is administered without delay, were designated as frontline essential workers and thus received early access to the COVID-19 vaccine. Many court officials are among the group of fully vaccinated North Carolina adults.
Recognizing these positive trends and the judicial branch’s constitutional obligations, Chief Justice Paul Newby entered an order on Friday, effective today, extending and modifying certain pandemic-related emergency directives, while allowing other directives to expire.
Emergency Directives 2, 3, 5, 11, 14, 15, and 21 remain in place (as modified) for an additional thirty days, expiring on June 6, 2021. Emergency Directive 8 (which allowed a chief district court judge to restrict the hours and times at which magistrate-officiated marriage ceremonies were conducted) and Emergency Directive 12 (which required each senior resident superior court judge to ensure that certain public health protocols, including the marking of six-foot intervals, the establishing of maximum occupancy, and the cleaning of public areas, were followed for each facility in his or her district) were not renewed and expired yesterday.
The renewed directives are described in further detail below.
An Update on Emergency Directives and Court Operations
Last week, Chief Justice Paul Newby entered an order extending and modifying some of the emergency directives previously imposed by former Chief Justice Cheri Beasley. Chief Justice Newby’s order (issued January 13, 2021 and effective January 14, 2021) allowed other emergency directives to expire. This post reviews the latest emergency directives as well as recent leadership changes affecting the courts.