Bucks County Courts eliminate masks for vaccinated people

The Bucks County Court of Common Pleas has announced that, consistent with recent CDC guidance, vaccinated people no longer need to wear masks in the Court Common Pleas or Magisterial District Courts. Individual Judges will still have the right to set rules for their own courtrooms, so come prepared with a mask, but it is anticipated that many, if not most, courtrooms will no longer require masks to be worn by fully vaccinated people. Many lawyers and litigants are upset by this, but as litigators, we have found it very difficult to advocate for clients from “behind the mask.” We can persuade with facial expressions, which are a vital litigation tool. Similarly, a good litigator is always reading the facial expressions of courtroom participants. The unmasked witness who covers his mouth with his hand during key testimony is hiding something. The Judge who frowns while the lawyer presents evidence of a difficult theory should often be heeded. If we don’t see these cues we can’t assess and factor them into our presentations. One final thought. While masks will no longer be required, will they be forbidden? At first that seems extreme, but should a witness subject to cross-examination be allowed to hide behind a mask? Should a person who is at risk or fearful of infection be required to forego a mask? What do you think? We’d love to get your comments below.