1. 14 states begin to reopen courts after coronavirus
2. Join us for our briefing on election changes due to coronavirus
3. Nationwide partisan breakdown of state legislators shows 52.2% Republicans and 46.9% Democrats

14 states begin to reopen courts after coronavirus

Each afternoon, we publish a newsletter tracking the status of state reopenings. In this morning’s Brew, let’s take a closer look at the state court systems. Sixteen states’ stay-at-home orders have expired so far. As states begin to reopen, supreme courts are also planning for courts to return to full operation.

According to the National Center for State Courts, 14 states have issued statewide orders, plans, or guidance for the resumption of operations. So far, Montana is the only state whose restrictions on proceedings fully expired (May 4).  New Mexico and Idaho allowed some in-person proceedings to resume, with restrictions such as limits on the number of persons in a courtroom (New Mexico), or requiring face masks for people entering court facilities (Idaho). Both courts continued to urge judges to hold proceedings remotely.    

Of the seven states that did not issue stay-at-home orders, Nebraska, South Dakota, and Utah also did not issue statewide orders closing courts. In Nebraska, restrictions were placed on those diagnosed with or suspected of having coronavirus, such as prohibiting attendance at hearings. South Dakota and Utah each allowed local courts to close due to the pandemic.  

As parts of the country start figuring out how best to resume operations, here are a few examples of the approaches state courts are taking to reopening:

• Arizona: On May 1, Arizona's COVID-19 Continuity of Court Operations During a Public Health Emergency Workgroup released a memo outlining recommendations for best practices for reopening or restarting court operations, such as maintaining health conditions when court operations resume and local transition planning and management.  
• Arkansas: On May 1, the Arkansas Supreme Court issued two memos, one for circuit courts and one for district courts, that issued guidance as courts return to in-person proceedings and jury trials following the coronavirus pandemic.
• Kansas: The Kansas Supreme Court issued two administrative orders on May 1, one for counties with stay-at-home orders or orders closing court and one for counties without those types of orders, that addressed court operations following the coronavirus pandemic. 
  • For counties with stay-at-home orders, directives included performing essential court operations through video or phone conferencing to the greatest extent possible and allowing chief judges to authorize employees to telework whenever possible. 
  • For counties without stay-at-home orders or orders closing courts, directives detailed what was required to resume court operations, which include allowing chief justices to determine how best to distribute personal protective equipment and recommending that hearings be conducted remotely when possible.
• Michigan: Earlier this month, the Michigan Supreme Court released its Return to Full Capacity Guide, accompanying video, and a Full Capacity Toolkit to help local courts develop plans and response cycles based on health data and trends to return to full operation. Under the guide, courts could open using a four-phased approach, so long as gateway criteria are met. Gateway criteria include no confirmed or suspected cases within a court facility for a 14-day period and the downward trend of document cases within a 14-day period. Phase one includes requiring employees to self-assess before coming into the office, and limiting face-to-face meetings to no more than 10 people. Phase two allows essential travel to resume, and directs courts to make operational preparation for an increase in filings and court proceedings that will occur during this phase. Under phase three, vulnerable employees may return to work, and onsite, public-facing activities and visits can resume. Phase four allows the unrestricted staffing of worksites and full, unrestricted operations and activities.
• Missouri: On May 4, the Missouri Supreme Court issued Operational Directives for Easing COVID-19 Restrictions on In-Person Proceedings to assist courts in making decisions at the local level regarding court operations. Directives included gateway criteria for resuming court activity or entering a new operating phase, such as no confirmed cases in the court facility within a 14 day period. Under the order, there are four operating phases (zero, one, two, and three), and directives include social distancing measures and the use of face masks by employees and the public.

The plans in the states below were issued by their respective state supreme courts:

• Montana 
• Michigan 
• Pennsylvania 
• Missouri 
• Kansas 
• West Virginia 
• Arkansas 
• Texas

The plans in the states below were created by task forces who provided recommendations for best practices:

• Arizona 
• Wisconsin 
• Florida
• North Carolina

In Tennessee and South Carolina, local plans were developed. 

Here are some other notable coronavirus-related updates since Monday’s Brew:

• Illinois Gov. J.B. Pritzker (D)  announced that he and members of his office would self-quarantine after a staff member tested positive for COVID-19 last week. All senior members of Pritzker’s staff have tested negative for the virus. Pritzker received a test Sunday, May 10, which also came back negative.
• In a call with state governors, Vice President Mike Pence (R) said the federal government was recommending that states test all nursing home staff and residents over the next two weeks.
• On May 8, California Gov. Gavin Newsom (D) signed an executive order directing county election officials to send mail-in ballots to all registered voters in the November 3 general election. Newsom announced that in-person voting locations would still be available.
• The Montana Secretary of State issued a declaratory order enabling ballot measure campaigns to circulate petitions online so that supporters may print, sign, and return them, including through the mail.

Learn more

       

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Join us for our briefing on election changes due to coronavirus

On May 8, California Gov. Gavin Newsom (D) signed an executive order directing county election officials to deliver mail-in ballots automatically to all registered voters in the November 3, 2020, general election. Newsom announced that in-person voting locations would also be available.

Ballotpedia is tracking the changes to elections due to the coronavirus pandemic. Do you want to learn more about these changes, especially in your state? Then join us for Thursday’s briefing on election changes.

Our staff of elections experts will walk through the key changes that have been made so far, describe changes on the horizon for the general elections, and summarize some of the most important debates around the actions taken.

The briefing will be held at 11 am Central. Click here to reserve your spot. And if you can’t attend live, that’s ok! We’ll send you a link to the recording after the briefing is over.

Nationwide partisan breakdown of state legislators shows 52.2% Republicans and 46.9% Democrats

Ballotpedia tallies the partisan balance of state legislatures at the end of every month, and I’m excited to share with you our April count. Of the nation’s 7,383 state legislators, 52.2% are Republicans and 46.9% are Democrats. Republicans lost seven seats since the last monthly count. Democrats hold the same amount.

Republicans have held a simple majority of state legislative seats since at least 2011, when Ballotpedia began tracking this. Republicans held the highest number of seats during that period of time in October 2017, when they had 4,162—or 56.4%—of seats. Democrats held the highest number of seats in January 2013, when they held 3,501—or 47.4%—of seats.

Republicans hold a majority in 61 chambers, and Democrats hold a majority in 37. One chamber—Alaska’s state House—has a power-sharing agreement between the two parties.

Here are a few more facts for you:

• There are 7,383 state legislative offices—1,972 state senate seats and 5,411 state representative seats. 
• Republicans hold 3,857 state legislative seats—1,083 senate seats and 2,774 house seats. 
• Democrats hold 3,460 state legislative seats—872 senate seats and 2,588 house seats. 
• Independent or third-party legislators hold 33 seats. Thirty-four seats are vacant—an increase of eight from last month's 26 seats.

At the time of the 2018 elections, 7,280 state legislators were affiliated with either the Republican or Democratic parties. There were 3,257 Democratic state legislators, 4,023 Republican state legislators, 35 independent or third-party state legislators, and 68 vacancies.

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