Many people ask about Surprise City Court’s rules for wearing masks, social distancing and other offshoots of the COVID-19 pandemic.

We know that going to court is different from going to the store, a restaurant, a sporting event, or even City Hall, because people can choose whether to go out to eat or to be in close contact with others at a community gathering. But a court date is not optional. And if someone misses a court date, the consequences can be both expensive and severe. 

This issue of From the Bench explains the COVID-related practices at Surprise City Court and how the judges are currently handling such concerns. 

Until recently, the court’s screening procedures included the security team asking health-related questions and taking the touchless temperature of all who wished to enter the courthouse. 

Those who did not pass the health screening were turned away and told how to reschedule their court date. The court also required everyone — judges, employees, parties, witnesses, and court visitors alike — to wear a mask or face covering while here. And we restricted the available seating areas in our lobby and courtrooms for the required social distancing. 

Recently, that all changed. By administrative order issued April 1, the chief justice of the Arizona Supreme Court directed that all Arizona courts “shall resume normal operations.” 

In Surprise City Court, that means the rules put in place for the COVID-19 pandemic will no longer apply. In short: at Surprise City Court there is no longer a mask requirement; no required social distancing; and no more health-related screenings at the Court’s entrance. But that is not the end of it.

Instead, it is up to each of us to self-screen, for our own safety and well-being and for that of others. And while masks are no longer required, they are still recommended. In fact, you may see a judge, court employee, or court visitor wearing a mask while in our building. And no one will question your right to wear a mask or to sit apart from others if you choose to do so while at the court. 

The simple solution is this: if you are sick, or have symptoms of COVID-19 (or any contagious illness), or were recently exposed to someone who tested positive for COVID-19 — do not ignore your court date, but do not come to court. Instead, you (or your attorney, if you are represented) may file a motion explaining your circumstances and asking that your court date be reset. 

We also know that some people may have a fragile health condition, or be concerned about potentially exposing an elderly or otherwise frail family member to a contagious illness. And some are simply leery of being in close quarters with others at this uncertain time. 

While Surprise City Court does not have video hearings, we can allow parties to appear by telephone for certain types of proceedings, if that is your request. 

But ignoring a court date will always be a bad idea. When a defendant fails to appear for a criminal case, a warrant may be issued for their arrest, and they will have to post a bond to either get a new court date or be released from jail. 

When a defendant fails to appear for a civil case (civil traffic charges being the most common at our court), the defendant will be defaulted on those charges, with fines, fees, and other sanctions imposed against them. 

The judges of Surprise City Court stand ready to hear your case. But we know COVID-19 is still a concern, and will take that into consideration upon a proper motion being filed. 

For more information, including a link to file a motion online, please see the court’s website at surpriseaz.gov/238/City-Court.

Editor’s Note: Judge Catherine A. Gaudreau is the associate judge for the city of Surprise.