We are very lucky to live in Bexar County. There has been a tremendous effort from Local Administrative Judge Ron Rangel, County Officials, the CDC and San Antonio Metro Health Advisors to balance the legal needs of the people of Bexar County with the health of those same citizens. Recently, “Special Order No. 727181: Minimum Standard Health Protocols for Bexar County Court Proceedings” and an accompanying video (https://vimeo.com/532089431) were released by Judge Rangel to address this issue and explain in detail all of the safety protocols that will be going into effect as courts begin to open up to more in-person proceedings.
The measures will take place immediately, and you will notice them as soon as you approach any of our courthouses. For the main two courthouses downtown, there will be four entrances total, with three of the entrances being handicap accessible. Upon entering the building, every person (whether a judge, lawyer, court/county staff, or just visiting) will be screened for covid symptoms and have their temperature taken. As you enter the courthouse you will notice some additional changes. Hospital-grade UV-C light will be installed in all air handlers and HEPA-M filters will be installed throughout the buildings. Further, hand sanitizer stations will be installed near entrances, courtrooms and offices and routine cleanings of all surfaces will frequently take place.
Criminal District courts will have hearings only two days per week (Juvenile District courts will be one to two days per week) while most Criminal County courts will remain working remotely, with the remaining Courts meeting one to two days per week for hearings. Civil County Courts will incorporate a mix of remote and in person hearings, with a preference towards remote hearings, while Civil District Courts will remain mostly remote, with one live nonjury case per week. Probate courts will remain mostly remote, unless the Judge of a Probate court deems an in-court proceeding as necessary. These hearings would be limited to two dockets per day with no more than five cases set in the morning and five cases set in the afternoon and staggered to accommodate no more than ten individuals in the courtroom at any given time. Finally, Justices of the Peace will set their own dockets, with due consideration for public health and safety as required by these Minimum Standard Health Protocols.
On top of all these new in-court procedures, there will be additional precautions that will be in force which had not been addressed previously. Judges will limit the use of physical or paper exhibits/evidence where feasible by converting them into a digital form. When physical evidence or exhibits are required, Judges will reduce the exchange of that exhibit/evidence to the number of persons necessary and will limit passing them to the individual members of the jury. If an exhibit is required to be transferred from person to person, single use gloves will be provided, worn, and discarded immediately after handling the evidence. While all of this news is certainly exciting, I think many people mirror our associate attorney Alex Vollmer’s reaction to these changes: “The new normal is really weird.” He is right, but it must be noted that Judge Rangel suggests that all Bexar County trial courts should first exhaust all reasonable efforts to conduct proceedings remotely (e.g., by teleconferencing, videoconferencing, or other means). Upon request and with good cause shown, judges must allow any court participant- other then a juror- to participate remotely in a proceeding, subject to constitutional limitations. If individuals do show up to the courthouse, they must wear a mask at all times, practice social distancing, and use appropriate hygiene methods. If employees can perform their essential job functions remotely, then they should do so.
