RETURN TO
FULL CAPACITY
COVID-19
GUIDELINES
FOR MICHIGAN’S
JUDICIARY
Updated: May 2021Updated: May 2021
TABLE OF CONTENTS
Introduction .................................................................................................................................................................................3
Phased Approach .......................................................................................................................................................................4
Judiciary Gating Criteria ...........................................................................................................................................................4
Court Guidelines for All Phases..............................................................................................................................................5
Individual Responsibilities .......................................................................................................................................................7
Legal Authority ............................................................................................................................................................................7
How to Begin ...............................................................................................................................................................................8
Phase One .................................................................................................................................................................................. 10
Employees .................................................................................................................................................10
Chief Judge and Court .............................................................................................................................. 10
Human Resources Considerations ............................................................................................................ 11
Facilities .................................................................................................................................................... 12
Before Proceeding to Phase Two .............................................................................................................. 12
Phase Two................................................................................................................................................................................... 13
Employees .................................................................................................................................................13
Chief Judge and Court .............................................................................................................................. 13
Facilities .................................................................................................................................................... 14
Before Proceeding to Phase Three ...........................................................................................................15
Phase Three ............................................................................................................................................................................... 15
Employees .................................................................................................................................................15
Chief Judge and Court .............................................................................................................................. 16
Facilities .................................................................................................................................................... 16
Phase Four ...................................................................................................................................................................................17
Employees ................................................................................................................................................. 17
Chief Judge and Court .............................................................................................................................. 17
Facilities .................................................................................................................................................... 18
Debrieng and Pandemic Planning .......................................................................................................... 18
Appendix 1: Example of Planning Process ...................................................................................................................... 19
Appendix 2: Denitions - CDC Guidance ........................................................................................................................20
Appendix 3: Web Resources ..........................................................................................................................................................21
Appendix 4: Reducing Capacity in Response to Deteriorating Conditions .............................................................. 22
Appendix 5: COVID-19 Vaccine Frequently Asked Questions and Resources.............................................23
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COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 3
Michigan has never faced a challenge like COVID-19. The pandemic is not only taking lives and
battering our economy, but also challenging the strength of our institutions. From day one, our
judiciary has met this challenge with unmatched dedication to public service and an unwavering
commitment to innovation in keeping courts operating and accessible to the public.
By working together, we have addressed immediate concerns regarding how our courts provide
essential services and have ramped up our ability to hear other business in virtual courtrooms.
Now, as responsible stewards of our justice system, we must develop a strategy for returning to full
capacity that works for our 57 circuit courts, 78 probate courts, 107 district and municipal courts,
more than 160 dierent funding units, and 559 independently-elected judgeships. However, we
cannot have 559 dierent plans; our judiciary must have one plan that clearly describes the steps
that must be taken to protect public health while getting our branch of government back to full
speed. Administrative Order No. 2020-14 provides the authority and this document provides the
specic guidance trial courts need to move forward.
While our trial courts must follow this guidance, we understand that each jurisdiction is uniquely
positioned to address local COVID-19 challenges based on proximal concerns and available
resources. As a result, each chief judge must rely on public health information from local
authorities to inform decisions on operational status of their courts. Ultimately, by using the
phased approach provided in these guidelines, courts statewide will return to full capacity on their
own timelines.
These guidelines are designed to assist court leaders in developing a planning and response
cycle driven by local community health data and trends. The process will help facilitate decision
making at the local level to best ensure public health and safety as courts return to full capacity.
These decisions can be made for 30-day or 14-day operating periods (or less), depending on local
circumstances and should be part of a regular planning cycle (see Appendix 1, p. 19).
“Full capacity” in 2020 means something dierent than in prior years and will require a culture
shift in the judiciary based on advancements in court technology and remote work capacity
achieved during the early stages of the COVID-19 pandemic. In that time, the number of Zoom
licenses doubled to more than 1,000 as additional Zoom licenses were distributed to courts
across the state, ensuring virtual capacity in every jurisdiction. Consequently, conducting virtual
proceedings should be a continued xture in court planning. This can mitigate exposure risks,
while increasing court access to the attorneys, the parties, and the public. Although there will be
a time when litigants and the public can return to the courtrooms for more proceedings, we must
change our philosophy and only require attendance when absolutely necessary. Each court’s plan
and denition of “full capacity” should take advantage of technology to the extent possible under
current administrative orders.
INTRODUCTION
PAGE 4 RETURNING TO FULL CAPACITY
PHASED APPROACH
The proposed phased approach relies upon up-to-date data to assess readiness to proceed to expanded
phases of court capacity. This approach is designed to mitigate risk of COVID-19 resurgence, protect
vulnerable employees, and requires courts to submit plans for each phase to the SCAO Regional Oce.
Readiness to enter each phase is dependent on whether gating criteria have been satised. In
consultation with local health professionals, courts will determine whether criteria involving exposure
or symptoms in the court facility, number of community cases, and local health system capacity have
been met. Before entering any phase, courts must demonstrate that all of the following criteria have
been satised:
Symptoms: No COVID-19 conrmed or suspected cases in the court facility within a 14-day period;
or, conrmed or suspected cases have occurred in the court facility, but deep cleaning of exposed areas
and applicable employee self-quarantine actions have been taken.
2
Community Case: There is a downward trajectory of documented cases within a 14-day period; or,
there is a downward trajectory of positive tests as a percent of total tests within a 14-day period (at or
increasing volume of tests).
GATING CRITERIA
1
1 1
Chief Judges will need to tailor the applicaon of these criteria to local circumstances (e.g., metropolitan areas Chief Judges will need to tailor the applicaon of these criteria to local circumstances (e.g., metropolitan areas
that have suered severe COVID outbreaks rural and suburban areas where outbreaks have not occurred or that have suered severe COVID outbreaks rural and suburban areas where outbreaks have not occurred or
have been mild). Addionally, Chief Judges, should consult with local public health and public safety agencies have been mild). Addionally, Chief Judges, should consult with local public health and public safety agencies
to determine when these criteria are sased and minimize employee risk as they progress through the phases to determine when these criteria are sased and minimize employee risk as they progress through the phases
outlined below. outlined below.
22
This criteria is derived from “Guidelines for Opening up America.” This criteria is derived from “Guidelines for Opening up America.”
Full capacity will also require dierent approaches to human resources to eectively respond to future
resurgences of COVID-19. For instance, many courts have successfully implemented remote work
arrangements for employees. Such arrangements should continue beyond the COVID-19 pandemic
where it makes sense to do so. Further, requiring sick workers to remain at home will continue to
play an essential role in maintaining a healthy work place. Gone are the days when employees with
symptoms of respiratory illness, even if mild, can be allowed to “tough it out” and conduct the court’s
business as usual.
The State Court Administrative Oce (SCAO) is closely monitoring guidance from the White House,
the Centers for Disease Control, and state health ocials and will update these Return to Full Capacity
guidelines as appropriate. SCAO is also tracking the guidance provided by our counterparts in the
federal courts, and these guidelines reect extensive consultation in that regard.
COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 5
COURT GUIDELINES FOR ALL PHASES
Phase One to Phase Two: Courts may proceed from Phase One to Phase Two by establishing sucient
downward trajectories for either documented cases or percent positives over a 14-day period AND
a percent positivity rate of 15 percent or less for the 7-day period preceding the court’s request to
increase capacity; OR when 14 days have passed since 55 percent of the eligible population countywide
have received an initial dose of the COVID-19 vaccine.
Phase Two to Phase Three: Courts may proceed from Phase Two to Phase Three by establishing
sucient downward trajectories for either documented cases or percent positives over a 14-day period
AND a percent positivity rate of 5 percent or less for the 7-day period preceding the court’s request to
increase capacity; OR when 14 days have passed since 65 percent of the eligible population countywide
have received an initial dose of the COVID-19 vaccine.
Health System Capacity: Rescission of local and state restrictive movement and/or shelter-in-place
orders and local and regional health care facilities are able to treat all patients without crisis care.
OUTBREAKS: If there is an “outbreak” (2 or more conrmed positive COVID-19 cases) in a court
facility, the court must notify the appropriate SCAO regional administrator. In addition, the court must
review its current Model LAO 50 to determine whether additional safety measures need to be added
in response to the outbreak. The court should work with the SCAO Regional Administrator and local
public health department in making revisions to its plans.
If these conditions are met, the courts should demonstrate that conclusion by submitting a model plan
to the SCAO Regional Oce for approval to enter the next phase. Conversely, if the data suggests that
local conditions have deteriorated, the court must retreat to the previous phase and follow the terms of
the approved plan for the previous phase. The State Court Administrator may require a court to return
back to any phase at any time.
FACE COVERINGS
The Centers for Disease Control (CDC) issued guidance that face coverings and social distancing
are no longer indicated for vaccinated people in most settings, with a few exceptions. Those settings
include transportation hubs, public transportation, correctional facilities, detention centers, and
homeless shelters. In many instances, members of the public do not have a choice about whether to
come to court. Sometimes their visits to courts are quick, other times, they are at court facilities that
are often poorly ventilated for hours at a time. No court experience is identical and all court users have
dierent backgrounds and health conditions, including vaccination status. Ensuring access to justice
for all, means ensuring safety for all. Given the challenges inherent in determining the vaccination
status of court visitors, protecting safety of both vaccinated and unvaccinated individuals
warrants continuation of existing safeguards with specic limited exceptions.
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Court Visitors
• Continued use of face coverings and social distancing.
• Face coverings are not required where they cannot be medically tolerated, but social
distancing should be implemented in such situations to enhance safety.
• At the discretion of the judge presiding over a court proceeding, face coverings may be
removed by attorneys while speaking, jurors when they are asking questions, or for witnesses
during testimony, where 6 ft. social distancing is maintained, and where court attendees are
wearing face coverings at all times.
• Face coverings are required for attorneys unless the judge presiding over a court proceeding
determines that the attorney is inaudible and temporary removal of the face covering
is necessary to facilitate the creation of an accurate record. The judge may allow the attorney
to temporarily remove face coverings while speaking if 6 ft. social distancing is maintained,
and where court attendees are wearing face coverings at all times.
Court Employees
A top priority for all courts must be ensuring safety of all court employees. MIOSHA has updated
emergency workplace safety rules in accordance with interim CDC guidance. Among other important
points, please note:
• Health surveillance measures in Emergency Rule 5 (including self-screening, reporting of
symptoms, notication of known cases, etc.) must CONTINUE for all employees.
• Emergency Rule 6(4) provides that, “[T[he employer shall require any employee, except fully
vaccinated persons, to wear face coverings when employees cannot consistently maintain 6
feet of separation from other individuals indoors in the workplace.”
Courts must choose between the following two options:
1) Courts must require all employees to wear face coverings at all times, including courtrooms
and hearing rooms, and face coverings must be made available by the Court to unvaccinated
individuals, unless:
• Face coverings cannot be medically tolerated but social distancing should be
implemented in such situation to enhance safety.
• The employee is in a private enclosed work space.
OR
2) The Chief Judge may, after assessing the relevant risks in consultation with local public
health ocials and legal counsel, develop a policy consistent with the updated
MIOSHAEmergency Rules that, as noted above, permits fully vaccinated employees
to dispense with face coverings and social distancing practices in many situations.
The court’s policy must require all employees to wear face coverings during formal and informal
proceedings in courtrooms and hearing rooms unless face coverings cannot be medically tolerated (and
social distancing should be observed). When submitting the appropriate draft LAO, the court must
submit a copy of the policy to the appropriate Regional Oce.
COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 7
LEGAL AUTHORITY
3 3
Public health communies may not necessarily align with jurisdiconal boundaries or Public health communies may not necessarily align with jurisdiconal boundaries or
SCAO Regions. The Michigan Associaon of Local Public Health publishes an online SCAO Regions. The Michigan Associaon of Local Public Health publishes an online
directory by region. The directory is available at directory by region. The directory is available at www.malph.org/resources/directorywww.malph.org/resources/directory..
In Administrative Order No. 2020-14, the Michigan Supreme Court has directed trial courts to “adhere
to the phased return of operations as determined by policy guidelines established by the State Court
Administrative Oce.” This authority is pursuant to 1963 Const, Art VI, Sec. 4, which provides for the
Supreme Court’s superintending control over all state courts.
As noted in the order, these SCAO policies include, but are not limited to:
• Continued use and expansion of remote hearings as practicable and increase of the court’s
capacity to conduct business online, including increased remote work by employees.
• Continued limited access to courtrooms and other spaces to no more than 10 persons,
including sta.
• Imposition of social distancing practices of at least 6 ft. for both employees and visitors.
• Limited in-person court activity to essential functions that cannot be conducted remotely.
• In accordance with CDC guidelines:
o Adoption of policies that ensure appropriate cleaning and sanitation.
o Adoption of policies that appropriately protect vulnerable individuals.
o Adoption of policies to safely screen employees and the public for potential cases of
illness.
3
CONTINUE TO PRACTICE GOOD HYGIENE
• Wash your hands with soap and water or use alcohol-based hand sanitizer, especially after
touching frequently used items or surfaces.
• Avoid touching your face.
• Sneeze or cough into a tissue, or the inside of your elbow.
• Follow CDC guidance regarding cleaning and disinfection.
• Use face coverings while in public, and particularly when using mass transit.
• Maintain 6 ft. separation and other social distancing measures.
• Wear face covering in court facilities at all times, absent applicable exceptions.
PEOPLE WHO FEEL SICK SHOULD STAY HOME
• Do not go to work.
• Contact and follow the advice of your medical provider.
INDIVIDUAL RESPONSIBILITIES
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4
Employers can comply with screening and record keeping requirements by using the MI Symptoms App: misymptomapp.state.mi.us.
HOW TO BEGIN
Before beginning a return to full capacity and entering Phase One of these guidelines, the court must
work with local health ocials and rely on their data and recommendations in determining when it is
appropriate to do so. The determination must consider the following factors:
• Total population
• Population density
• Population over age 60
• Availability of ICU beds
• Stresses on local hospitals and ICU systems
• Number of conrmed cases of COVID-19
NOTE: In reestablishing operations within your facility, your starting point must not be greater than
the phase recommended by your public health community and local public safety agencies.
Prior to moving from one phase to the next, the court must prepare and submit a plan to SCAO to seek
approval to expand in-court proceedings; until approval is granted, courts must maintain their current
level of operations. At each stage, this guidance provides steps with respect to protecting employees,
managing court operations, and operating court facilities.
EMPLOYEES
Each court must utilize screening procedures that identify the presence of COVID-19 symptoms,
COVID-19 exposure, and international travel.
4
• Courts must maintain their current level of operations until SCAO approves a court’s plan to
expand in-court proceedings. Courts in each circuit may work together to submit to SCAO
at each gating level a single plan wherever possible consistent with the SCAO guidelines
for returning to full capacity. Conditions may also require a court to move to a previous
access level, depending on local conditions. (See Appendix 4, “Reducing Capacity
in Response to Deteriorating Conditions,” p. 24.)
COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 9
Local Health Orders will provide direction on the screening criteria that is appropriate for outbreak
conditions in the community. However, in the absence of a screening and social distancing order by
the Local Health Ocer, the Michigan Association for Local Public Health (MALPH) recommends
the following promising practices in order to control and limit the spread of COVID-19 throughout the
workplace, home, and community.
5
The screening questions should include, but not be limited to:
• Cough or worsening cough (excluding chronic cough due to known medical reason);
• Shortness of breath, or any two of the following symptoms:
• Fever
• Chills
• Repeated shaking with chills
• Muscle pain
• Headache
• Sore throat
• New loss of taste or smell
If a touchless/contactless thermometer is available, a temperature check is strongly recommended in
lieu of verbal conrmation.
In addition, employees and members of the public seeking entry into the court facility should
be asked if they have had any close contact in the last 14 days with someone with a diagnosis of
COVID-19. Lastly, employees and members of the public should be asked whether they have traveled
internationally in the last 14 days.
Any “yes” response to the screening questions above requires the individual to be excluded:
• For at least 24 hours with no fever (that is three full days of no fever without use of medicine
that reduces fever) AND other symptoms have improved (for example, when your cough and
shortness of breath have improved) AND at least 7 days have passed since your symptoms
rst appeared.
• 14 days of close contact with diagnosed case of COVID-19.
• Exclusion is not required for members of the public who are 14 days past their second
COVID-19 vaccination.
For employees who must enter court facilities, emphasize frequent and proper handwashing.
5
Courts should regularly review screening recommendaons from the CDC, as well as state and
local public health ocials to tailor screening protocols to local public health condions.
PHASE ONE
EMPLOYEES
If an employee has self-identied as a vulnerable employee (see denition in Appendix 2, p. 20) and
is unable to return to work, engage the employee in a discussion to determine whether an appropriate
accommodation is available, including the ability to work remotely if their job lends itself to remote
work. This also applies to employees who have indicated that they live with or provide care for
vulnerable individuals.
Discuss reasonable accommodation options with supervisors for those who rely solely on public
transportation or have other concerns.
To reduce the risk to others, employees should conduct a health self-assessment prior to coming into
the oce, such as taking their temperature. If an individual’s temperature is greater than 100.4 degrees
or if an individual is exhibiting other signs of COVID-19 infection per CDC guidance, the individual
should self-report to supervisors, stay home, and call their physician. Utilize the CDC Self-Checker to
assist with that assessment.
Employees should maximize physical distance from others in the workplace. Six-foot distancing
should be observed in all oces, meetings, court proceedings, etc. Tape or other visible means should
be used to mark 6 ft. distances where practical.
Minimize personal travel (i.e., leisure travel, non-business related) and adhere to CDC guidelines, as
well as local and state orders regarding travel and potential for self-isolation upon return. Court policies
regarding personal travel should align with the most current CDC guidance.
For requirements concerning face coverings for employees and court visitors, refer to pages 5 and 6 of
this guide.
CHIEF JUDGE AND COURT
Continue to rely on local public health and CDC guidance to inform your local data-based decisions.
Consider the guidance provided to other agencies in your building and to your community as a whole,
as well as the decisions made by your funding unit, the public defender, the prosecuting attorney, etc.,
when developing your plan and making operational decisions.
On-site court proceedings and o-site visits to probationers and clients should be minimized by using
video- and teleconferencing whenever possible. When in-person meetings are required, you should
limit them to no more than 10 people, adhere to social distancing rules and hygiene protocols (e.g.,
wearing face coverings), and make every eort to “prescreen” probationers and clients to ensure
they are asymptomatic for COVID-19.
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COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 11
Review and update court orders and notices as appropriate.
All business travel should adhere to CDC guidelines regarding isolation following travel.
It is presumed that employees and visitors to the court will be required to wear face coverings.
Employees and visitors who cannot medically tolerate face coverings should not be required to wear
them. However, courts should attempt to make accommodations in order to maintain social distancing
at all times. Any deviations must be pursuant to a policy developed under the Face Coverings section of
this guide.
HUMAN RESOURCES CONSIDERATIONS
Returning employees should not include those who are in the vulnerable or high-risk categories or
others who require reasonable accommodations because of COVID-19. These employees should
continue to work remotely.
Work with supervisors to identify employees who, due to vulnerability or other need for reasonable
accommodation, need to continue to work remotely.
Consider reasonable accommodation options for those who rely on public transportation to get to the
workplace and may be at a higher risk of exposure to COVID-19 as a result.
In addition to considering local employment policies and collective bargaining agreements, the
following circumstances should be taken into account when an employee asks to work remotely or use
leave time because of COVID-19. The employee:
• Is subject to a federal, state, or local quarantine or isolation order related to COVID-19, or is
living with or caring for an individual who is.
• Has been advised by a health care provider to self-quarantine due to concerns related to
COVID-19, or is living with or caring for an individual who has been advised to self-
quarantine.
• Is considered “high-risk” where local health ocials recommend such individuals remain
at home due to concerns related to COVID-19, or is living with or caring for a high-risk
individual who is.
• Is experiencing symptoms of COVID-19 and seeking a medical diagnosis, or is living with or
caring for an individual who is.
• Is caring for a child if the school or place of care has been closed, or the childcare provider of
such child is unavailable, due to COVID-19.
FACILITIES
If the court facility has been exposed to the virus, coordinate cleaning and disinfection of the facility
with your jurisdiction’s facilities department or a contractor prior to allowing employees back into the
building. Cleaning procedures should be consistent with CDC guidance on cleaning and disinfection.
The CDC created a cleaning and disinfection decision-making tool to assist leaders in eorts to develop
and maintain appropriate cleaning and disinfection protocols in public facilities and work spaces.
If the courthouse or facility is currently physically closed to the public, it should remain so unless the
local public health or safety ocials have reopened public facilities. During this phase, the courts must
implement measures to limit gatherings and to ensure minimal foot trac in the building. Multi-tenant
facilities should use the Facility Security Committee to make public access decisions for the building.
Use COVID-19 screening procedures at facilities to mitigate possible employee exposure. Screening
processes and checklists should be developed in consultation with the local health department.
Increased cleaning of common areas and use of cleaning and disinfecting for exposed areas should
continue.
Large venues and common areas (e.g., courtrooms, jury assembly, sit-down dining, etc.) should be
closed to the greatest extent possible. If not possible, keep occupancy rate to 10 or less and operate
under strict social distancing protocols. Absent applicable exceptions, the use of face coverings is
required in court facilities at all times. The court must continue to promote social distancing. Tape or
other visible markers should be used to mark 6 ft. distances where practical. If consultation between
facilities management and leadership reveals that social distancing cannot safely be maintained without
additional measures, implement additional precautions such as staggered arrival times for employees,
and specic appointment times for participants of the court’s limited number of in-person proceedings.
BEFORE PROCEEDING TO PHASE TWO
Before exiting Phase One and proceeding to Phase Two, courts should coordinate with local public
health ocials and reevaluate the Gating Criteria to ensure:
• Readiness to progress to the next phase
• Need to implement additional social distancing measures based upon resurgence of infections
in the local area
After making these determinations, the court must submit its plan for entry into Phase Two (with
supporting data) to their SCAO Regional Administrator for approval.
6
66
See SCAO Model Plans for each phase at See SCAO Model Plans for each phase at www.courts.mi.gov/rcwww.courts.mi.gov/rc
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COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 13
PHASE TWO
A court is ready to move to Phase Two when it has determined, after consulting with local health
ocials that there is no evidence of a COVID-19 rebound within the local community, gating criteria
have been satised for a second time, and the SCAO Regional Oce has approved the Phase Two plan.
EMPLOYEES
Continue accommodations for employees identied as vulnerable during Phase One. For any
employee newly self-identied as a vulnerable employee (see denition in Appendix 2, p. 20) who is
unable to return to work, engage the employee in a discussion to determine whether an appropriate
accommodation is available, including the ability to work remotely if their job lends itself to remote
work. This also applies to employees who have indicated that they live with or provide care for
vulnerable individuals.
Discuss reasonable accommodation options with supervisors for those who rely solely on public
transportation or have other concerns.
To reduce risk, prior to coming into the oce, all individuals should conduct a health self-assessment,
to include taking their temperature. If an individual is exhibiting signs of COVID-19 infection per
CDC guidance, the individual should self-report to supervisors, stay home, and call a physician. Use
the CDC Self-Checker to assist.
When in the oce, all individuals should maximize physical distance from others. Six foot distancing
should be observed in all oces, meetings, court proceedings, etc. Tape or other visible markers
should be used to mark 6 ft. distances where practical.
If the court’s Phase One plan limited personal travel, personal travel can resume, however, continue to
be aware of potential out-of-state travel precautions and quarantine requirements upon return.
For requirements concerning face coverings for employees and court visitors, refer to pages 5 and 6 of
this guide.
Continue to rely on local public health and CDC guidance to inform your local data-based decisions.
Continue to work with supervisors to consider reasonable accommodations for personnel who are
members of a vulnerable population or have other personal requirements that need to be addressed.
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On-site court proceedings and o-site visits to probationers and clients can be increased, although
courts should continue to use video and teleconferencing to the greatest extent possible. For specic
guidance on conducting jury trials, click here. Courts should limit gatherings during this phase and
adhere to social distancing and hygiene protocols. Absent applicable exceptions, face coverings are
required for all in-person meetings.
For requirements concerning face coverings for employees and court visitors, refer to pages 5 and 6 of
this guide.
Essential business travel can resume, accounting for potential out-of-state travel precautions and
quarantine requirements upon return.
CHIEF JUDGE AND COURT
Make operational preparations for a signicant increase in lings and other court proceedings that will
likely occur during this phase. The emphasis should be on accepting lings remotely to the greatest
extent possible. For guidance on docket management, see Early Case Triage Strategies to Ease Docket
Pressure. Courts should continue to maximize use of virtual proceedings when possible.
FACILITIES
If the courthouse or facility has “limited public access,” consult with the local funding unit and local
health authority regarding adjustment of public access restrictions. Multi-tenant facilities should use its
Facility Security Committee to make public access decisions for the building.
Continue use of enhanced screening procedures at facilities to mitigate possible employee exposure.
Cleaning and disinfection for newly exposed areas should follow CDC guidance.
Large venues and common areas (e.g., sit-down dining, courtrooms, jury assembly, etc.) can operate
under 6 ft. physical distancing protocols. Tape or other visible means should be used to mark 6 ft.
distances where practical.
Absent applicable exceptions provided in the Face Coverings section of this guide, the use of face
coverings by court visitors in court facilities at all times.
COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 15
BEFORE PROCEEDING TO PHASE THREE
Before exiting Phase Two and proceeding to Phase Three, courts should coordinate with local public
health ocials and reevaluate the gating criteria to ensure:
• Readiness to progress to the next phase.
• Need implement additional social distancing measures based upon resurgence of infections
in the local area.
After making these determinations, the court must submit its plan for entry into Phase Three (with
supporting data) to their SCAO Regional Administrator.
PHASE THREE
A court is ready to move to Phase Three when it has determined, after consulting with local health
ocials that there is no evidence of a COVID-19 rebound within the local community, gating criteria
have been satised for a third time, OR 14 days have passed since 65 percent of eligible residents age
16 and over have received an initial dose of the COVID-19 vaccine, and the SCAO Regional Oce has
approved the Phase Three plan.
EMPLOYEES
Vulnerable individuals who were on temporary leave or who are working remotely return to work and
should practice 6 ft. physical distancing and minimizing exposure to social settings where distancing
may not be practical. Continue to observe precautionary measures such as face coverings at all times
absent limited exceptions.
Personal travel should take into account potential out-of-state travel precautions and quarantine
requirements upon return and follow CDC guidance on travel precautions.
Everyone should consider minimizing time spent in crowded environments.
For requirements concerning face coverings for employees and court visitors, refer to pages 5 and 6 of
this guide.
CHIEF JUDGE AND COURT
Continue to rely on local public health ocials and guidance from the CDC to inform decisions on
operations. For specic guidance on conducting jury trials for courts in Phase 2, click here. Courts in
Phase Three may proceed with jury trials, provided they have an approved LAO 51. Planning for jury
trials should include maximal use of remote technology for non-jury matters to minimize foot trac in
court facilities.
On-site public facing activities and site visits with probationers and clients can be fully resumed.
Continue to work with supervisors to consider reasonable accommodations for personnel who are
members of a vulnerable population or have other personal requirements needing to be addressed.
Otherwise, resume normal stang at worksites.
For requirements concerning face coverings for employees and court visitors, refer to pages 5 and 6 of
this guide.
FACILITIES
In consultation with local health authorities, consider termination of the use of “enhanced screening” at
facilities.
Cleaning and disinfection for newly exposed areas should follow CDC guidelines.
Large venues and common areas (e.g., sit-down dining, courtrooms, jury assembly, etc.) can operate
under limited 6 ft. physical distancing protocols until the CDC rescinds guidance and additional
mitigation measures are approved government-wide.
Absent applicable exceptions, the use of face coverings is required in court facilities at all times.
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COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 17
PHASE FOUR
Before exiting Phase Three and proceeding to Phase Four, courts should coordinate with local public
health ocials and reevaluate the gating criteria to ensure that the court is ready to return to full
capacity.
After making that determination, the court must submit its plan to return to full capacity (Phase Four)
to the SCAO Regional Administrator. The plan should include information regarding increased use of
virtual proceedings to mitigate risk, improve convenience to parties, and to expand public access to the
court.
A court is ready to move to Phase Four when there has been a public health announcement that
COVID-19 has been suppressed within the United States and a Phase Four plan has been approved by
the SCAO Regional Administrator.
EMPLOYEES
Vulnerable individuals resume all daily work/life activities with no need for additional precautionary
measures.
Normal social activities and gatherings can resume.
Hygiene practices such as proper handwashing and use of hand sanitizer should continue.
CHIEF JUDGE AND COURT
Unrestricted stang of worksites.
On-site public facing activities and site visits to probationers and clients can be fully resumed.
Resume full, unrestricted operations and activities.
FACILITIES
All access and operations can operate without restrictions.
Security operations return to full, pre-COVID-19 functionality.
DEBRIEFING AND PANDEMIC PLANNING
At this stage, the court’s leadership team, including the chief judge(s) and court administrator(s) should
debrief with local court stakeholders to evaluate pandemic response. Court stakeholders include,
but are not limited to representatives from the following: court funding unit, prosecuting attorneys
oce, public defenders oce, and representation from the local bar association. Debrieng should be
conducted with the following objectives in mind:
• Identify COVID-19 responses that worked well;
• Identify opportunities for improved local pandemic responses in the future; and,
• Begin planning process to incorporate “lessons learned” into existing continuity of operations
plans (COOP), or separate pandemic specic COOP plans.
Contact your SCAO Regional Administrator to help facilitate debrief sessions and assist the courts in
developing robust response plans.
PAGE 18 RETURN TO FULL CAPACITY
COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 19
APPENDIX 1: EXAMPLE OF PLANNING PROCESS
STARTSTART
APPENDIX 2: DEFINITIONS - CDC GUIDANCE
Vulnerable Individuals:Vulnerable Individuals:
• People 65 years or older• People 65 years or older
• People of all ages with underlying medical conditions, particularly if not well • People of all ages with underlying medical conditions, particularly if not well
controlled, including those who suer from chronic lung disease, moderate to severe controlled, including those who suer from chronic lung disease, moderate to severe
asthma, serious heart conditions, immune disorders, obesity, diabetes, or chronic asthma, serious heart conditions, immune disorders, obesity, diabetes, or chronic
kidney or liver disease.kidney or liver disease.
ADA-Compliant Employee Survey for Gradual Return to the WorkplaceADA-Compliant Employee Survey for Gradual Return to the Workplace
Directions: Answer “yes” to the whole question without specifying the factor that applies
to you. Simply check “yes” or “no” at the bottom of the survey.
Due to circumstances related to COVID-19, would you be unable to return to work
because of any one of the following reasons:
• Schools or daycare centers are closed, so you need to care for your child/children;
• Other services are unavailable, so you need to care for other dependents;
• Public transport is sporadic or unavailable, so you are unable to travel to work;
and/or;
• You or a member of your household fall into one of the categories identied by
the CDC as being at high risk for serious complications from the pandemic
inuenza virus, you would be advised by public health authorities not to come to
work (e.g., pregnant women; persons with compromised immune systems due to
cancer, HIV, history of organ transplant or other medical conditions; persons less
than 65 years of age with underlying chronic conditions; or persons over 65).
Answer: YES______ NO_______
PAGE 20 RETURN TO FULL CAPACITY
COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 21
APPENDIX 3: WEB RESOURCES
White House guidance, messenging, and memoranda - Centers for Disease Control (CDC)
CDC Listing of State Public Health Agencies
Directory of Local Public Health Oces
One Court of Justice COVID-19 Web Page and Resources
Virtual Courtroom Resources
Toolkit on Returning to Full Capacity
State of Michigan COVID-19 Page
Equal Opportunity Employment Commission COVID-19 Page
Occupational Health and Safety Administration COVID-19 Page
World Health Organization (WHO) COVID-19 Global Information and Resources
PAGE 22 RETURN TO FULL CAPACITY
APPENDIX 4: REDUCING CAPACITY IN RESPONSE TO DETERIORATING CONDITIONS
The Return to Full Capacity (RTFC) document provides that satisfying gating criteria permits the courts
to expand capacity by moving through subsequent phases, but also provides that courts must return
to a previous phase upon a determination by the chief judge that local public health conditions have
deteriorated. (RTFC, p. 5). In addition, the chief judge of a court may, at any time, submit a revised model
LAO 50 to the SCAO Regional Oce to move back a phase and/or restrict in-person hearings based on
local conditions. The State Court Administrator may require a court to move back to Phase One at any
time.
Deteriorating conditions are dened as:
Phase Three Courts
If state and local orders restricting movement and/or requiring shelter-in-place have been imposed and the
SCAO has determined that existing orders would prevent the court from continuing its current RTFC Phase
Three requirements; OR
If there is an upward trajectory of documented cases for a 14-day period, AND an upward trajectory of
positive tests as a percent of total tests for a 14-day period, THEN
The court’s Phase Three LAO will be rescinded and the court will be required to submit a new Phase One
or Two LAO as appropriate.
Phase Two Courts
A. If state and local orders restricting movement and/or requiring shelter-in-place have been imposed and
the SCAO has determined that existing orders would prevent the court from continuing its current RTFC
Phase 2 requirements; OR
If there is an upward trajectory of documented cases for a 14-day period, OR an upward trajectory of
positive tests as a percent of total tests for a 14-day period, AND
The COVID-19 test positivity rate is 15 percent or higher, THEN
The court’s Phase Two LAO will be rescinded and the court will be required to submit a new any-phase
LAO.
B. If there is an upward trajectory of documented cases for a 14-day period, AND an upward trajectory of
positive tests as a percent of total tests for a 14-day period, BUT
The COVID-19 test positivity rate is below 15 percent, THEN
The court shall review its current Phase Two LAO and consider submitting a new Phase Two LAO
that adds additional safety measures. Examples of additional safety measures may include
reducing in-person proceedings, eliminating o-site visits, staggering sta schedules, and
increased reliance on remote work.
COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 23
APPENDIX 5: COVID-19 VACCINE FREQUENTLY ASKED QUESTIONS & RESOURCES & RESOURCES
This guidance, as of May 3, 2021, is intended to provide courts with information regarding COVID-19
vaccinations. Information regarding vaccine safety, availability and side-eects evolves quickly and sta
are encouraged to review other credible sources regularly for the most up-to-date information. Examples of
reliable COVID-19 resources include the Centers for Disease Control and Prevention (CDC), the Michigan
Department of Health and Human Services, and local health departments.
Which Vaccines are Currently Available?
There are currently three COVID-19 vaccines that have received emergency use authorization (EUA)
by the United States Food and Drug Administration (FDA). They are the Pzer-BioNTech COVID-19
vaccine, the Johnson & Johnson COVID-19 vaccine, and the Moderna COVID-19 vaccine.
What is Emergency Use Authorization?
The FDA denes an EUA as “a mechanism to facilitate the availability and use of medical counter
measures, including vaccines, during public health emergencies, such as the COVID-19 pandemic.”
[Emergency Use Authorization for Vaccines Explained | FDA (last visited February 5, 2021)]
Under an EUA, the FDA can allow the unapproved use of medical products, or unapproved uses of
approved medical products, in an emergency when there are no adequate, approved, and available
alternatives. For the EUA to be issued “the FDA must determine that the known and potential benets
outweigh the known and potential risks of the vaccine.”
How were the vaccines tested?
The COVID-19 vaccine development process included tens of thousands of study participants and
generated the data necessary for the FDA to thoroughly evaluate the quality and consistency of the
vaccines. The COVID-19 vaccines that have received an EUA are being held to the same safety standards
as all vaccines.
How many doses of the COVID-19 vaccine do I need?
Both the Pzer and the Moderna COVID-19 vaccines require two injections, taken approximately three to
four weeks apart. Only one dose of the Johnson & Johnson vaccine is required.
Am I eligible to get a vaccination now?
Yes. All Michigan residents 16 years of age and older are eligible to receive a COVID-19 vaccination.
Do I need to keep wearing a mask after I get vaccinated?
Yes. Michiganders should continue to wear masks, social distance from those not in their household and
wash their hands, even after receiving vaccine. More information is available on the CDC website.
(continued)
Will I have to quarantine and miss work after I get the vaccine?
No. the vaccine does not require quarantine, but it typically takes a few weeks for the body to build
an immune response after getting the vaccine. This means it is possible you could be infected with
COVID-19 just before or after vaccination. If you believe you have been exposed or are having symptoms
you should quarantine until you talk to your doctor and get tested.
If I am a close contact of someone who tests positive for COVID-19 do I have to
quarantine if 14 days have passed since my nal vaccination dose?
No. Most fully vaccinated people with no COVID-like symptoms do not need to quarantine, be restricted
from work, or be tested following an exposure to someone with suspected or conrmed COVID-19.
According to the CDC, they should still monitor for symptoms of COVID-19 for 14 days following an
exposure. If they experience symptoms, they should isolate themselves from others, be clinically evaluated
for COVID-19 and inform their health care provider of their vaccination status at the time of presentation
to care.
What are the side-effects associated with the COVID-19 vaccine?
The COVID-19 virus is reported to have caused more than 400,000 COVID-related deaths in the
United States. The virus has caused signicant health issues in considerably more individuals, and has
strained the healthcare system throughout the country. The vaccine is designed to create resistance to the
COVID-19 virus and stop the spread of the disease. COVID-19 vaccines may cause side eects and that
some commonly reported side eects of the vaccines tend to mimic COVID-19 symptoms. Specically,
common side eects of the vaccines are:
• Pain/swelling/redness at the injection site
• Tiredness
• Headache
• Muscle pain
• Chills
• Joint pain
• Swollen lymph nodes in the same arm as the injection
• Nausea
• Vomiting
• Fever
Side eects may be more pronounced after the second dose for both vaccines. Because these side eects
overlap with the symptoms of COVID-19, sta should not come to work if they are exhibiting any of
the side eects listed for either vaccine.
APPENDIX 5: COVID-19 VACCINE FREQUENTLY ASKED QUESTIONS & RESOURCES (cont.)
COVID19 GUIDELINES FOR MICHIGAN’S JUDICIARY PAGE 25
Are there resources available to help communication vaccine information to
employees?
Yes. The CDC created a COVID-19 Communication Toolkit. The kit includes relevant information and
includes posters on various vaccine-related issues.
Should we mandate vaccination for court employees?
The Equal Opportunity Employment Commission (EEOC) recently updated its COVID-19 guidance to
include a section specic to vaccination related employment issues, including whether an employer can
mandate COVID-19 vaccinations for employees. Please refer to the EEOC guidance for information
specic to mandatory vaccination policies, as the guidance is quickly evolving. While current guidance
indicates that such policies are permissible (with caveats), there are many issues that need to be carefully
evaluated by organizations who are considering mandatory COVID-19 vaccination policies.
Some considerations include addressing accommodations under the Americans with Disability Act (ADA)
and potential claims under Title VII of the Civil Rights Act of 1964 related to inconsistent application
of COVID-19 vaccination policies. The court would also need to be prepared to address workers’
compensation and leave administration issues. Consequently, we recommend that courts work in close
collaboration with local counsel, human resources (if available), and labor relations partners in developing
vaccination policies and procedures. The Society for Human Resources Management (SHRM) recently
issued guidance with helpful advice on developing a vaccination strategy. The article, “Developing
a Vaccination Strategy,” provides a multi-phased approach to vaccination planning, which includes
considerations of the potential legal and practical issues mentioned above.
While courts are working on vaccination strategies, they should continue to keep employees as informed as
possible by providing employees with updates regarding local vaccination rollout. Employees may also be
interested in the Vaccination Prioritization Guidance issued by MDHHS.
Other COVID-19 Vaccination Resources:
8 Things to Know about the U.S. COVID-19 Vaccination Program | CDC
Facts about COVID-19 Vaccines (cdc.gov)
Benets of Getting a COVID-19 Vaccination | CDC
Different COVID-19 Vaccines | CDC
COVID-19 Vaccine: Separating myths from facts - Sanford Health News
APPENDIX 5: COVID-19 VACCINE FREQUENTLY ASKED QUESTIONS & RESOURCES (cont.)
