TALLAHASSEE — Several courts across the state have taken steps to be more restrictive as the number of cases of COVID-19 have spiked in Florida.
Paul Flemming, public information officer of the Office of the State Courts Administrator, said the court systems are working the way they are supposed to, reflecting the public health emergency.
"It's less calendar-based and more based on the circumstances," Flemming said in an interview with the Florida Record. "We don’t like going backward and don’t want to go backward and don’t want to be in this situation to begin with, but it’s all a reaction to circumstances with the pandemic."
Flemming said when the circuits moved back, they were done so appropriately due to changing circumstances.
"There are circuits that are appropriately returning due to changing circumstances," Flemming said.
So far, the Third Circuit, Ninth Circuit and 11th Circuit have already taken steps to be more restrictive in procedures due to the pandemic.
Flemming said those who decide re-opening policies will find ways to continue court remotely.
"There is going to be a lot of focus on remote because it’ll be a protection against the changing tide of the public health emergency," Flemming said. "If you go to more protective measures and they work and you’re able to do jury trials that way under those conditions and do so effectively while protecting rules, rights and laws that need to be protected that seems to make a lot of sense."
Flemming said that decision will be determined by recommendations of the work group and, ultimately, by the chief justices.
When the Ninth Circuit Court dropped back to Phase 1, it did so after a local spike in cases, with Chief Judge Donald Myers Jr. saying data showed that there were skyrocketing hospitalizations and cases in the Orlando area, the Orlando Sentinel reported. He said that because of that data, they did not feel it would be safe in courtrooms and decided that, in order to keep staff safe, the court would move back into Phase 1 reopening.