Covid precautions tighten at federal courthouse in Little Rock

As the numbers of covid-19 cases continue to rise in Arkansas, mitigation efforts at the Richard Sheppard Arnold Federal Courthouse in Little Rock are ramping up again although not yet to the level of a mandatory masking order, according to the latest administrative order issued by Chief U.S. District Judge D. Price Marshall Jr.

Decisions on masking will be left up to the individual judges presiding over each case, Marshall said.

In his order, Marshall said “the lull has ended,” as he noted that infections attributed to omicron subvariants, “especially BA.5,” have resulted in rising rates of infection in counties located within Arkansas’ eastern district, including Pulaski, Craighead and Phillips, where the three federal courthouses in the district are located.

Marshall also noted that one of the local jails used to house federal detainees was, as of last week, locked down because of covid-19 infections.

Despite rising infections, Marshall said in his order, the current trajectory of infections seemed to be trending toward “mostly troublesome illness, rather than dire medical conditions,” and that last week the court was able to begin two multi-day jury trials and a bench trial.

He said while the number of potential jurors expressing concern about covid-19 has risen, it has not spiked to levels making it difficult to seat a jury.

“The Court concludes that we need to tighten our mitigation measures while pressing forward with the public’s law business,” Marshall said in the order.

For now, he said, masking orders within each courtroom will be left up to the presiding judge depending on circumstances, and remote proceedings will be utilized to the extent practicable for criminal and civil hearings.

Other ongoing measures, such as staggered start days for jury trials, increased ventilation and the use of still-distanced courtroom and multiple spaces for trials will continue for the time being.

Marshall reinstated a requirement that attorneys report covid-19 exposures or infections among any trial participants to the presiding judge, or inform the judge if anyone participating in the trial is awaiting the results of a covid-19 test.

“Each presiding Judge will continue to make scheduling decisions based on the material circumstances in each case,” Marshall said in the order.

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