COVID-19 Update: Use of Masks During Trials in Court Locations

Wednesday, April 28, 2021Trial Court

Below is an April 28 notice from Chief Justice of the Trial Court Paula M. Carey and Court Administrator John A. Bello about mask use during trials.

District Attorneys, CPCS & Bar Advocates, Bar Leaders: 

As you know, the Trial Court’s ability to conduct jury trials is expanding and 12-person juries will begin in May. This requires significant collaboration among all parties and we greatly appreciate the efforts of all involved, as we resume trials amid the hurdles presented by the pandemic. 

We recognize that the use of masks for all trial participants presents challenges, however we reaffirm the need for the current Trial Court policy and commit to review its terms, as CDC guidance and the advice of our epidemiologist may evolve. In the Chauvin trial recently broadcast from Minnesota, attorneys regularly appeared unmasked, which may have created expectations that differ from the mask use directive currently applicable to trials in Massachusetts state courts.
 
Currently, judges, staff, attorneys, and all present are required to wear masks inside any court facility when in the company of others. The only exception is when a judge allows a witness to remove a mask when behind plexiglass, with an air purifier nearby. This policy, recommended by the Jury Management Advisory Committee and approved by the SJC, is based on the most current public health data relative to indoor gatherings and the types of public speaking that occur during jury trials. Face shields are not an acceptable substitute for masks, since they do not provide the same protection to the wearer or others in the room. 
 
Prospective jurors during individual voir dire are treated as witnesses pursuant to this directive - placed behind plexiglass and allowed to remove their masks, while they answer questions. However, requests from attorneys to remove masks while examining witnesses or during opening statements or closing arguments may not be allowed. Judges must remain masked at all times, even while instructing jurors.
 
The Office of Jury Commissioner informs prospective jurors that everyone in the courthouse will wear masks, in addition to the other safety protocols designed to protect all in the courthouse. Trial Court policies and practices regarding mask use must remain consistent statewide in courthouses and off-site locations. 
 
Throughout the pandemic the Trial Court’s health and safety practices have helped to protect judges, staff, attorneys, and the public. As increased vaccination offers the hope of reduced COVID cases, the CDC continues to update its guidance and the Trial Court will review our policies accordingly.
 
Resumption of jury trials is a critical step to assuring access to justice across the Commonwealth. We greatly appreciate your understanding and cooperation in assuring a consistent policy on the use of masks.  

Paula M. Carey
Chief Justice of the Trial Court
 
John A. Bello
Court Administrator