Texas Supreme Court's 38th Emergency Order: Comprehensive Guidelines for Court Operations Amid the COVID-19 Pandemic

Introduction

The COVID-19 pandemic has posed unprecedented challenges to all sectors, including the judicial system. In response to the ongoing threat, the Supreme Court of Texas issued the Thirty-Eight Emergency Order Regarding the COVID-19 State of Disaster on May 26, 2021 (629 S.W.3d 900). This order serves as a continuation and amendment of previous emergency directives aimed at safeguarding public health while ensuring the continuity of judicial proceedings across all 254 counties in Texas. Chief Justice Nathan L. Hecht authored the order, which was adopted amidst a dynamic public health landscape marked by fluctuating infection rates and evolving governmental responses.

Summary of the Judgment

The Thirty-Eight Emergency Order outlines comprehensive measures designed to adapt court operations to the exigencies of the COVID-19 pandemic. Key provisions of the order include:

State of Disaster Declaration: Governor Abbott's declaration applies uniformly across Texas, empowering the judiciary to modify procedures to mitigate COVID-19 risks.
Renewal and Amendment: The order renews the Thirty-Sixth Emergency Order (Misc. Dkt. No. 21-9026) with specific amendments to address ongoing and emerging challenges.
Remote Participation: Mandates the use of teleconferencing and videoconferencing for court proceedings to minimize in-person interactions.
Modification of Deadlines: Allows courts to modify or suspend deadlines and procedures to accommodate public health guidelines until August 1, 2021.
Health Protocols: Establishes minimum health standards, including masking and social distancing, for any in-person court activities.
Jury Proceedings: Provides detailed guidelines for conducting jury proceedings remotely, especially in criminal cases, ensuring procedural integrity and safety.
Family Court Provisions: Ensures that existing orders regarding child possession and access remain unaffected by pandemic-related restrictions.
Office of Court Administration: Directs the issuance of best practices to assist courts in safely conducting both in-person and remote proceedings.

The order also stipulates procedural requirements for extending dismissal dates in family court cases, outlines the responsibilities of various court officials, and emphasizes the necessity of maintaining judicial functions without compromising public health.

Analysis

Precedents Cited

The Thirty-Eight Emergency Order builds upon the framework established by the Thirty-Sixth Emergency Order (Misc. Dkt. No. 21-9026). This prior order introduced fundamental changes to court operations, including the shift to remote proceedings and the suspension of certain deadlines. By renewing and amending the Thirty-Sixth Order, the Thirty-Eight Order demonstrates continuity in the state's approach to managing judicial functions during the pandemic. Additionally, the order references specific sections of the Texas Government Code and Family Code, ensuring that all measures are grounded in statutory authority. This adherence to established legal frameworks reinforces the legitimacy and enforceability of the emergency provisions.

Legal Reasoning

The court's legal reasoning is multifaceted, balancing the imperative to protect public health with the constitutional mandate to provide access to justice. By invoking Section 22.0035(b) of the Texas Government Code, the court legitimizes its authority to issue emergency orders in response to a statewide disaster. The order meticulously outlines modifications to court procedures, demonstrating a proactive approach to minimizing COVID-19 transmission risks. Key aspects of the legal reasoning include:

Public Health Protection: Prioritizing the safety of court staff, participants, and the public by reducing in-person interactions.
Access to Justice: Ensuring that legal proceedings continue through remote means, thereby upholding the rights of all parties involved.
Flexibility and Adaptability: Allowing courts to modify deadlines and procedures as necessary, reflecting the fluid nature of the pandemic situation.
Constitutional Compliance: Maintaining adherence to constitutional limitations, particularly concerning the right to a fair trial and due process.

The order's detailed provisions for remote participation, health protocols, and specific court functions underscore a comprehensive legal strategy aimed at sustaining judicial operations without exacerbating public health crises.

Impact

The implications of the Thirty-Eight Emergency Order are profound and multifaceted:

Long-Term Judicial Operations: The extensive use of remote participation tools may lead to lasting changes in how courts operate, potentially integrating virtual proceedings as a staple even post-pandemic.
Precedent for Future Emergencies: This order sets a benchmark for how courts can rapidly adapt to future crises, ensuring that the judiciary remains resilient and responsive.
Access and Equity: While remote proceedings enhance safety, they also raise concerns about equitable access to technology, which the order addresses by mandating that all potential and selected jurors have access to necessary remote participation tools.
Family Law Proceedings: By safeguarding existing child possession and access schedules, the order mitigates potential familial disruptions caused by the pandemic, ensuring stability for affected children.

Overall, the order ensures that the judiciary can function effectively during a public health crisis, maintaining the rule of law while safeguarding the health and safety of all participants.

Complex Concepts Simplified

To enhance understanding of the order's provisions, the following complex legal concepts are clarified:

Section 22.0035(b) of the Texas Government Code: Grants the authority to declare a state of disaster, enabling the issuance of emergency orders to manage court operations during extraordinary circumstances.
Subtitle E, Title 5 of the Family Code: Pertains to child custody and access arrangements, ensuring that existing court orders remain enforceable despite pandemic-induced restrictions.
Section 263.401(a), (b), (b-1) of the Texas Family Code: Relates to the timing for dismissing family court cases, with the order providing extensions based on the case's status and prior docketing actions.
Remote Jury Proceedings: Procedures allowing jurors to participate in trials via teleconferencing or videoconferencing, especially critical in criminal cases where defendants may face confinement.

These simplifications ensure that stakeholders can comprehend and navigate the modified legal landscape effectively.

Conclusion

The Supreme Court of Texas's Thirty-Eight Emergency Order represents a pivotal response to the challenges posed by the COVID-19 pandemic. By renewing and amending prior emergency directives, the order provides a robust framework for maintaining judicial operations while prioritizing public health and safety. The comprehensive guidelines for remote participation, procedural modifications, and health protocols exemplify the judiciary's adaptability and commitment to upholding the rule of law under extraordinary circumstances. As the pandemic continues to evolve, this order not only addresses immediate concerns but also establishes enduring practices that may reshape the future of court operations in Texas.

It is noteworthy that Justices Boyd, Devine, and Blacklock dissented, indicating a minority opinion that may reflect concerns over the breadth of the emergency measures or their impact on judicial processes.