The state Judiciary will generally no longer require the wearing of a face mask to enter Oahu state trial courts, one of its last remaining restrictions in place to prevent the transmission of COVID-19.
But some workaround practices, employed because of the restrictions, have proved beneficial to court users and will continue to be used.
Chief Judge of the 1st Circuit Mark Browning on Monday filed General Order No. 3, which includes lifting the mask mandate put into place due to the pandemic, and rescinds the Dec. 19 General Order No. 2.
The Judiciary’s first General Order No. 1 went into
effect March 21, 2022, following the governor’s 2022 announcement that the March 5, 2020, state of emergency restrictions regarding indoor mask requirements was ending March 25, 2022.
Face masks sometimes muffled the voices of witnesses testifying from the stand, making it difficult to hear, despite the availability of a microphone, which was not always working. In some cases witnesses were allowed to wear a clear face shield or remove the mask since Plexiglas walls surrounded them.
Also when a witness was asked whether he could identify the accused in the courtroom, the judge would order everyone in the courtroom to briefly remove their masks.
Physical distancing of
6 feet is no longer required, but the order encourages the practice where and when appropriate to decrease the risk of spreading the virus.
Under the old order, the pre-pandemic practice of jury selection could not be held in one large room. Instead, the jury pool was divided up. Some prospective jurors sat 6 feet apart on the first floor of the Circuit Court building with tablet computers to participate, while others sat in the room with the judge, defendant and attorneys.
During trial, jurors and those sitting in the gallery were required to sit spread out 6 feet apart, limiting the space in a courtroom.
Jan Kagehiro, the Judiciary’s spokesperson, said it has been a gradual transition from the governor’s 2020 emergency restrictions and the first judicial order to the latest order.
Many things were more difficult for court users and employees.
But “a lot of good has come out of looking at things and doing things differently,” she said.
Remote appearances for defendants in District Court for their initial appearances (including traffic cases) were instituted because of COVID-19 health and safety measures, Kagehiro said.
“When the pandemic hit, we were no longer able to meet in person, so we harnessed new technologies to conduct certain proceedings remotely,” she said. “They proved to be popular because people didn’t have to miss work, get care for family members, pay for parking, etc. They could just jump on their phones or computers. Since the pandemic began, we have held more than half a million remote hearings.”
Browning still has the authority to require the use of face masks, if necessary for public health. And presiding judges still may order their use in their own courtrooms.
Also, anyone who has tested positive for COVID-19 or suspects he or she has it may not enter a court facility unless 10 days have passed since receiving the positive results, and must wear a mask inside.
Anyone with respiratory illness or COVID-19-like symptoms may not enter
as well until cleared by a medical professional or
the symptoms are fully
resolved.
The order does not override the authority of the court to direct a person to wear or to remove their face covering if it’s necessary for the proceeding.
Correction: An earlier version of this story’s headline said Hawaii’s state trial courts end face mask mandate, but it should have specified Oahu’s trial courts. Courts in other Hawaii jurisdictions have lifted the mandate earlier.