Texas Supreme Court Chief Justice Gives Dallas Judge Until Friday to Rescind Courtroom Mask Mandate

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A Texas Supreme Court justice rebuked a Dallas County Court judge’s requirement that people entering her courtroom must wear Covid face masks, telling her she has no legal authority to impose such a restriction.

In a letter Wednesday to Dallas County Court at Law No. 1 Judge D’Metria Benson, Texas Supreme Court Chief Justice James “Jimmy” Blacklock said he was “aware of no legitimate basis” for the judge’s courtroom mask mandate, telling her she has until 5 p.m. Friday to rescind the requirement.

“It has come to my attention that you may be requiring people entering your courtroom to wear facemasks and to divulge intimate information about their health,” Blacklock’s letter states.

“If this is true, please carefully reconsider whether you have legal authority for these actions,” he wrote.

Justice Blacklock went on to cite Article I, section 13 of the Texas Constitution, which “guarantees that ‘[a]ll courts shall be open.’”

“I am aware of no legitimate basis on which a Texas judge may condition a person’s presence in a courtroom on a mask requirement or on a heightened health screening,” he continued.

D’Metria Benson / Ballotpedia.org

The Texas Supreme Court chief justice also highlighted his own court’s authority, writing that “Under Rule 10(f) of the Rules of Judicial Administration, ‘The Supreme Court may direct a court to amend or withdraw a local rule, form, or standing order if the Supreme Court determines that the rule, form, or standing order… is unfair or unduly burdensome.’”

Blacklock gave Benson until 5 p.m. on Friday, May 5, to clarify that her court does not impose mask mandates or health screenings or to withdraw the requirement.

Chief Justice Jimmy Blacklock / TXCourts.gov

Justice Blacklock’s letter comes as a Dallas lawyer filed a legal challenge against Judge Benson’s mask requirement earlier this week calling her standing order “degrading,” and saying it requires lawyers, witnesses and jurors “to tell court officials if they have diarrhea,” according to Texas Lawbook.

“The unauthorized mask mandate presents a myriad of logistical problems and fundamental unfairness, and additionally punishes those that cannot be masked for a lengthy period of time for medical or other reasons,” Kane Russell Coleman Logan partner Brian Hail, on behalf of his client Scott Frenkel, wrote in his 14-page letter to Judge Ray Wheless of Texas’ First Administrative Judicial Region.

“Mr. Frenkel is one that cannot wear a mask covering his nose and mouth for very long. It is not the business of the judiciary to require any further explanation on this issue.”

“Mr. Frenkel told the bailiff that the order was unlawful and he would not put on a mask,” Hail wrote. “Mr. Frenkel was given the choice of entering wearing a mask, leaving or continuing to argue and ‘ending up on the 7th floor.’ Mr. Frenkel left and did not participate in that trial.”

Amid the Covid pandemic in 2021, the Texas Fifth Court of Appeals sided with Dallas County Judge Clay Jenkins against Texas Gov. Greg Abbott (R) arguing Jenkins had the authority to impose the mandate under the Texas Disaster Act.

The Texas Supreme Court terminated its “Final General Emergency Order Regarding the COVID-19 State of Disaster” on Feb. 28, 2023, which gave courts the authority to require masks, but Judge Benson issued her own order two days later.


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