The Arkansas Supreme Court has declared circuit and district judges, as well as prosecuting attorneys and public defenders, among other law-related professionals, to be essential workers who immediately qualify for COVID-19 vaccination.
In a per curiam opinion issued on Thursday, March 4 and signed by Chief Justice John Dan Kemp, the Supreme Court ordered members of the justice system to be eligible to receive COVID-19 vaccinations in Phase 1B. The justices argue that it is their duty to define the essential workers in the judicial branch of the state government. “The Governor of the State of Arkansas carefully implemented a vaccination plan for the State and for essential workers in the legislative and executive branches of government. It is the duty of this court to define the essential workers within the justice system and where each should be placed in the priority schedule,” the opinion read.
The justices wrote in the opinion that the justice system has continued to function in Arkansas despite the Supreme Court implementing precautions and safeguards, including the suspension of jury trials, to limit the transmission of COVID-19. Despite these safeguards, the justices wrote that justice system professionals are still “in harm’s way” as they interact with other professionals and those with business before the courts. These interactions, according to the Supreme Court justices, have had “severe consequences.
In the opinion, the justices order that the following professsionals be eligible for vaccines immediately: circuit court judges with criminal dockets, along with their trial-court assistants, court reporters and other judicial staff; circuit judges with juvenile dockets, along with trial-court assistants, court reporters and judicial staff; district court judges, district court clerks and their staff; the clerk of the Supreme Court and staff; court-employed security officers; all circuit and county clerks and staff; the Administrative Office of the courts staff who interact with the public or other government branches; prosecuting attorneys, deputy prosecuting attorneys, public defenders and staff; attorneys with in-person appearances pending in the criminal or juvenile division of circuit court; and jury panel members set to begin serving after April 30, 2021.
The opinion cited the Cybersecurity and Infrastructure Security Agency (CISA)’s Essential Critical Infrastructure Workers Guidance, which is designed to help state and local governments identify essential workers to “ensure the continued safe and secure operation of critical infrastructure…” In the guidance, CISA identifies “workers supporting the operations of the judicial system, including judges, lawyers, and others providing legal assistance” as an essential worker category.
While the guidance was developed in August 2020 before the vaccine rollout, CISA has emphasized that the guidance is useful as a tool for resource allocation, including vaccines.
In the Centers for Disease Control and Prevention (CDC) vaccine rollout guidelines, law professionals are listed in the Phase 1C section. It is unclear where law and justice system professionals would fall under the vaccine eligibility plan in Arkansas, as the Arkansas vaccine rollout plan does not list “law” under its Phase 1C plan.
However, Gov. Asa Hutchinson issued a statement, saying that court employees who do not qualify for vaccination under the current schedule will have to wait.
“I appreciate the Supreme Court’s concern for judges and staff members of the court system and for attorneys whose cases require them to work in person at a court house. Our schedule for vaccinations takes into account the needs and risk level for all Arkansans, and this group is not yet eligible in the 1B phase. As our allocation of vaccine increases, we will be able to move more quickly, but currently, court employees who don’t otherwise qualify for a shot will have to wait for their eligibility.”
Hutchinson has recently expanded vaccine eligibility in the Phase 1B rollout. He expanded Phase 1B to include individuals aged 65-69 after the phase was originally restricted to individuals age 70 and above. On March 2, he also expanded the group to include food manufacturing workers in the state, including workers in the meat processing, poultry processing, and grain and oilseed milling industries.
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