Chief Justice Harold Melton (left) and Presiding Justice David Nahmias. (Photos: John Disney/ ALM)

The chief justice of the Supreme Court of Georgia warned Monday that judges who continue to ignore public health guidelines regarding COVID-19 or who fail to abide by his emergency declarations could face discipline by the state's judicial watchdog. 

Chief Justice Harold Melton said that, while judges across the state are largely managing courthouse functions in line with state public health and CDC guidelines, he has been made aware of multiple incidents where practices "have been less than what is necessary to protect the safety of all." His comments came during an emergency meeting of the state Judicial Council Monday.

Melton said he has been told that some courts reinstated mass calendar calls and that, in some courthouses, staff suspected of being exposed or ill with coronavirus are not self-quarantining. He also said he's heard complaints that courthouse workers assigned to take visitors' temperatures before allowing them inside are not wearing facemasks.

The chief justice also said he has received complaints from lawyers who said some judges are requiring them to appear in person, even when they have requested an alternative for reasons related to the COVID pandemic. "Our judges are putting lawyers in a very tough position," especially if they or members of their households have compromised immune systems or are otherwise high risk, Melton said.

Melton said he intends to issue a new emergency order this week. The current judicial emergency expires Sunday, and Melton said a fourth order extending the current emergency until Aug. 11 will likely include "stronger, more mandatory language" about following public health directives intended to stem the virus' spread.

Melton said the new order will address whether judges who require attendance at hearings when their courthouses or courtroom are not in compliance with state and local public health and CDC guidelines may be found to have committed an ethical violation. Chuck Boring, executive director of the state Judicial Qualifications Commission, which polices the judiciary, has already called several judges who failed to follow Melton's emergency orders, the chief justice said.

Melton said his new order will "make clear that the provisions of the declared [judicial] emergency are, in fact, mandatory" and will clarify that the JQC has jurisdiction to investigate judges who have ignored his emergency declarations.

"We're not looking to go after judges," the chief justice said. But, he added, "Where clear guidelines are not being followed, that's something that will need to be addressed in a very serious manner."

Presiding Justice David Nahmias, a member of a pandemic task, said that previous emergency declarations used the word "should" in laying out procedures the state's judges were expected to follow to reduce COVID-19 exposure. Nahmias said that, in the future, the word "should" will be changed to "shall" to make clear that adherence to public health guidelines and the high court's emergency orders is not optional.

Nahmias also warned that violating directives issued by the Georgia Public Health Department is a misdemeanor.

Melton and Nahmias both said the new order will require more comprehensive directives that include self-isolation for anyone who has contracted COVID-19 or is suspected of having the virus, and quarantine for anyone who has been exposed to someone with COVID-19. The new rules will require notification be made to anyone exposed to someone who tests positive and contact tracing, Melton said.

Loganville Municipal Court Judge Lori Duff raised alarms about the decision by some judges to reinstitute mass calendar calls, even as the number of COVID-19 cases in Georgia is on the rise again.

Duff said she was contacted by people who were frightened because they were summoned to appear in court in the Alcovy Circuit the same day as Superior Court Judge Horace Johnson Jr. died of an apparent heart attack barely a week after he tested positive for COVID-19. Loganville is in the Alcovy Circuit. Chief Superior Court Judge John Ott also tested positive for the virus and currently is in quarantine.

"I think when judges require people to come to court and there is known COVID in that courthouse, we shouldn't tolerate that," Duff said. "It's irresponsible."

"We're counting on those judges first and foremost to do the right thing," Melton responded. "With renewed emphasis, that will be enough. Where it is not enough, and I hate that we have to resort to this, it may very well be a JQC matter."