Chief justice leaving covid decisions to local judges in Arkansas

FAYETTEVILLE — Judges in Arkansas were told Friday to continue using their discretion in running their courts in the face of record-breaking covid numbers in the state.

Dan Kemp, Arkansas Supreme Court Chief Justice, sent a letter to circuit and district court judges saying he received numerous inquiries from judges about how they should proceed.

“Rather than doing a blanket order, at the current time the Court will leave it up to the discretion of the judges to decide whether to suspend jury trials, hold virtual hearings, continue cases, and otherwise determine how to handle your court,” Kemp wrote. “You are aware of the situation in your local communities and can react accordingly. This of course is a fluid situation and is subject to change should the situation necessitate.”

Arkansas’ official count of coronavirus cases jumped by more than 8,400 on Friday, setting a record for a single-day increase for the fourth consecutive day and pushing the state’s cumulative count of cases since the start of the pandemic to more than 600,000.

Should a judge decide to suspend operations for a period of time, Kemp asked that they make the Administrative Office of the Courts aware.

Courts were closed to in-person proceedings for more than a year.

The Arkansas Supreme Court suspended in-person proceedings, including jury trials, in all courts March 17, 2020. The order waived speedy trial rules and other requirements found in the Arkansas Rules of Criminal Procedure until further notice. That order was extended several times.

On May 3, 2021, the Supreme Court allowed jury trials and other in-person activities in courts to resume, but judges were told to continue to follow the Arkansas Department of Health’s guidelines concerning face coverings and social distancing for the safety of participants. That order came after vaccines became available.

Most judges had plastic barriers erected in their courtrooms, scattered jurors around the courtroom rather than in the jury box, required masks and social distancing, and removed or restricted public seating in the galleries.