Idaho Supreme Court issues new COVID-19 order for courthouses. Here’s what it says
The Idaho Supreme Court issued a new COVID-19 emergency order for all Idaho courts, which includes dropping a mandate to wear masks inside courthouses.
However, a judge overseeing a hearing has the ability to require all participants to wear a mask to protect an unvaccinated or immunocompromised person in the courtroom, according to a news release from the Idaho Supreme Court.
In addition to the updated mask guidelines, the order also holds that court hearings are no longer presumed to be held via video calls, as each judge will decide on a case-by-case basis whether hearings will take place in person or virtually, unless the district’s administrative judge directs courts otherwise.
Thursday’s order goes into effect immediately, with one exception. All sentencing hearings for felony cases will be held in person starting June 1.
Though masks are no longer required, the order strongly encourages everyone to continue wearing them inside. Social distancing will still be required at courthouses, as people should remain 6 feet away from anyone who is not a part of their household.
Jury trials and grand jury proceedings can still be postponed if COVID-19 cases remain high, or if an administrative judge finds there is a substantial risk for jury participants.
The Thursday order replaces a previous order that mandated masks and allowed for jury trials to resume after a several-month pause because of an uptick in coronavirus cases. The order comes after the Centers for Disease Control and Prevention announced last Thursday that fully vaccinated people no longer need to wear a mask or physically distance. The city of Boise announced a day later it would lift its mask mandate in light of the CDC ruling.
The mask mandate for courthouses has been an issue in Ada County on occasion.
Emmett resident Ammon Bundy was one of two men arrested outside of the Ada County Courthouse on March 15 on a failure to appear warrant. Bundy and another man, Aaron Schmidt, were due in court that day for jury trials on misdemeanor trespassing charges, but were not allowed into the building without wearing masks, which both refused to wear.
When the two were not in court, a judge issued the arrest warrants. Bundy later held a rally outside the presiding judge’s home in opposition to the charges.
This story was originally published May 20, 2021 at 2:28 PM.