Stanislaus court among the first in state to require vaccines for its employees
Stanislaus County Superior Court is among the first in the state to require employees get vaccinated against the novel coronavirus.
For the roughly 250 employees of the court, vaccination will become a condition of their employment 45 days after the Food & Drug Administration gives final approval to at least one COVID-19 vaccine.
The New York Times reported the Pfizer-BioNTech’s coronavirus vaccine could get final approval by Monday.
“This was a difficult but necessary decision,” Presiding Judge Robert Westbrook said. “I believe that implementing this policy is in the best interests of our entire community.”
“Given the high transmissibility of the delta variant and the currently surging number of COVID-19 cases in Stanislaus County, the Court determined now was the time to act,” he said.
COVID-19 cases in Stanislaus County have increased to their highest levels since February, with more than 90% of new cases being reported in the unvaccinated population, according to a press release from the court.
“I will tell you — and I think any presiding judge in this state will tell you — that for the last year and a half, the unspoken fear among all of us is that someone will pass away on our watch, be that a member on the bench, an employee or someone who has come to our courthouse seeking justice,” Westbrook said. “That has kept me up at night over the last year and a half.”
He said he’d hoped vaccines would ease some of those fears but that has not come to fruition with the low vaccination rate here.
Los Angeles Superior Court announced in early August it would require vaccines for its employees, also within 45 days of FDA approval. Four employees of that court have died of COVID-19 in the hard-hit county, according to the Los Angeles Times.
Westbrook said no Stanislaus Court employees have died of COVID-19 but an attorney passed away from the virus in April.
Who doesn’t have to be vaccinated?
Any employee with a verified medical condition that prevents vaccination will be excused from the requirement, as will any employee with a “confirmed, sincerely held religious belief” that prohibits vaccination, according to the press release.
Each request for exemptions will be reviewed on a case-by-case basis consistent with the Americans With Disabilities Act. Exempt employees will be required to undergo weekly testing.
Currently, employees who contract with the court, including interpreters and bailiffs, are not required to be vaccinated. Neither are judges, who are elected officials.
“In solidarity with our court family, I have also asked the judges to submit their vaccination information,” Westbrook said. “We are all in this together and we must all do our part.”
Since March 2020, the court has allowed for remote appearances for attorneys, defendants and witnesses in many case types; began streaming hearings on YouTube to reduce the number of people in the courthouse; and implemented a mask mandate that was never lifted, despite a brief period in which the Centers for Disease Control and Prevention said vaccinated people didn’t need masks in most settings.
Emergency orders either issued or approved by California’s chief justice have allowed for extended time limits on most court hearings. Jury trials were temporarily suspended for several months, then limited to only one at a time before only recently resuming to prepandemic levels of about three felony trials a week, Westbrook said.
Still, entire jury panels have been dismissed due to exposures to the virus, jurors have called in sick with symptoms and trials have been disrupted when inmates had to quarantine or became ill.
Eyes on case backlog, COVID dashboard
He said all of this has led to a “formidable backlog” in criminal cases. The court is prioritizing trials for cases in which the defendant has not waived time for a speedy trial.
The judges meet weekly to prioritize cases for the following week and try to stagger jury selection so the jury room doesn’t become overcrowded.
“We also continuously monitor and adjust to what we believe we can safely do, with one eye on our backlog and one eye on the COVID dashboard,” Westbrook said. “If the county’s numbers do not quickly improve, we will have no choice but to once again scale back operations. No one wants that.”
He said court employees are essential workers — similar to healthcare providers — because they are required under state law to deliver time-sensitive and emergency services during crises. He said the court has a duty to do everything it can to protect the people it serves.
“I am not a scientist,” Westbrook said. “but it is crystal clear to me that vaccinating as many people as possible is our best chance to beat COVID-19 once and for all. The longer we wait to get vaccinated, the more likely it is that the virus will mutate and find a new way to infect us.
“The available vaccines are safe, effective, free and are necessary now more than ever. The court feels strongly that this is the right thing to do for its employees and the public we serve. We sincerely hope other Stanislaus County employers will join us in prioritizing the health and safety of our community.”
This story was originally published August 23, 2021 at 4:00 AM.
