For the life of me, I will never understand the resistance to wearing face masks during a freaking pandemic. Does it just make too much sense for some people? The fact that masks continue to be politicized just blows my mind. But, well, that’s where we are in 2020.
In Philadelphia, a controversy is brewing over a state judge’s reported refusal to wear a mask — and his demand that others in his courtroom follow suit. As reported by the Philadelphia Inquirer, Philadelphia Common Pleas Court Judge James Murray Lynn is the subject of a complaint over his mask protocol. In a letter to Margaret Murphy, administrative judge for the Family Division, written on behalf of public defenders and prosecutors, Lynn’s behavior is detailed:
“It has come to the attention of our offices that Judge Lynn continues to refuse to wear a mask while operating in-person hearings,” wrote Alan J. Tauber, first assistant at the Defender Association of Philadelphia, in a letter dated Friday, to Margaret Murphy, administrative judge for the Family Division, where Lynn sits. “We believe this safety breach needs to be addressed expeditiously.”
“Not only was he not wearing a mask, but he was actively ordering counsel to remove their masks while litigating,” Tauber wrote on behalf of both public defenders and prosecutors in the District Attorney’s Office.
And as also noted in the letter, this is not in compliance with stated rules:
In his letter to Murphy, Tauber noted that Lynn’s avoidance of masks runs “contrary” to a July 1 order from the state Department of Health that requires face coverings “in any indoor location where members of the public are generally permitted,” and is out of step with the First Judicial District’s own safety requirements. A sign indicating that masks are required is posted at the door leading into Lynn’s courtroom, Tauber wrote.
As is completely understandable, witnesses scheduled to appear in Lynn’s courtroom are uncomfortable appearing in a closed room where masks are not being worn:
On Aug. 5, for example, Lynn held a preliminary hearing in a domestic violence case. Assistant District Attorney Liz Hines said she was ready to proceed with witnesses and asked Lynn if he planned to put on a mask. When Lynn said no, Hines left the courtroom to talk to the witnesses, who said they “did not feel comfortable coming into the courtroom to testify if the judge was not going to be wearing a mask,” according to Tauber’s letter.
Lawyers agreed to waive the preliminary hearing so witnesses did not have to testify before Lynn that day.
It remains unclear what would have happened if it were not a preliminary hearing and the witnesses’ testimony had been required.
If you thought cooler — or at least more science-minded — heads would prevail, well, I’m going to have to disappoint you. The spokesperson for Murphy has already made a statement justifying Lynn’s anti-mask stance.
In response to questions from The Inquirer, Murphy’s spokesperson, Martin O’Rourke, said Lynn’s “presiding chair in his courtroom is positioned three feet behind a recently installed multisided plexiglass separation.”
O’Rourke added that lawyers and clients sit at least 15 feet away from Lynn and that Murphy has been in talks with lawyers with the defender’s and district attorney’s offices to resolve their concerns. O’Rourke said that Lynn asked one lawyer to “pull down his mask while he was talking” because he could not hear him.
And, O’Rourke said, the state Health Department order provides exceptions to wearing masks and permits judges to use their discretion during proceedings “where someone is required to speak (e.g., attorneys, witnesses, the judge) and to be heard intelligibly.”
Let’s all remember, that while plexiglass barriers are useful, and distance is great, the best tool we as a society have against the spread of the novel coronavirus is the consistent use of masks. Period. That is especially true in indoor spaces for extended periods of time — like during a court hearing.
Come on people, we have to do better than this.
Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).