CIRCUIT COURT PHASE ANNOUNCEMENT
– 07/30/20
As directed by the Missouri Supreme Court on May 4, 2020,
judicial circuits cannot rush to “open their doors” during this
pandemic. They must do so gradually. The Court developed four
phases (Zero through Three) to allow for this process. In
determining whether changing phases is appropriate, the Court
provided the following specific “Gateway Criteria” to consider:
“1. No confirmed COVID-19 cases in the court facility within a 14day period.
2. Rescission or lack of stay-at-home orders or the relaxing of
group gathering restrictions applicable to the community.
3. Improving COVID-19 health conditions over a 14-day period in
the community, including conditions such as the number of
confirmed COVID-19 cases and related deaths in relation to a
community’s population density, size of particularly vulnerable
populations, and availability of medical facilities including
emergency and intensive care capacity.
4. Consultation with local health officials or departments
concerning changes to levels of court and courthouse activities.
5. Consultation with local judiciary partners such as children’s
division personnel, juvenile officers, members of the local bar,
prosecutors and public defenders, law enforcement and probation
and parole.”
Starting on May 12, 2020, the 21st Circuit has engaged in phasing
discussions with judges, law enforcement officers, court
administrators, prosecutors, public defenders, juvenile officers,
Department of Public Health officials, probation officers, bar
leaders and others. These discussions occur on a weekly basis,
and will continue even after this Circuit enters into Phase Three,
as the possibility of moving back to a lower phase always
remains, depending on the status of the spread of the virus.
This Circuit has also engaged in discussions with the Chief Judge
of the Eastern District Court of Appeals and the Presiding Judge of
the 22nd Circuit; both Presiding Judges agreed to regularly speak

 with the Chief Judge and always before deciding to change
phases.
The 21st Circuit is currently in Phase Zero, as it has been
since July 22, 2020.
(Continued)

Factors that this Circuit has considered this week include the
following:
1. On July 17, 2020 two Court employees tested positive for the
Coronavirus. They have been quarantined. Their work stations
have been commercially disinfected. The St. Louis County
Department of Public Health has done contact tracing.
On July 29, 2020, a Court employee was hospitalized for COVIDrelated symptoms and died shortly thereafter. The Department of
Public Health has been contacted for contact tracing. Cleaning
and disinfecting of areas where the employee had contact is
being done. Staff members who have had exposure to the
employee are now quarantined.
2. On July 16, 2020, one employee of the Department of Justice
Services reported a positive COVID test result.
3. As of July 27, 2020, the DJS Jail population of COVID-19 positive
patients had grown in eight days from 5 residents to 14 residents.
As the DPH Chief Operating Officer indicated, this growth
“seemingly aligned with the trends of our community.” These
inmates were all new to the facility and asymptomatic. All of
these inmates had been quarantined and remain as such.
On July 27, 2020, one youth in the St. Louis County Juvenile
Detention facility tested positive for COVID-19. (The youth is
present in the facility as a courtesy hold for the Division of Youth
Services.) The youth is currently isolated, as the Detention’s
COVID protocols mandate.
4. In St. Louis County, the average number of new COVID-19 cases
increased by 102 percent between July 2, 2020 (109.3 new cases
per day) and July 15, 2020 (220.6 new cases per day). From July 11
to July 20, 2,414 St. Louis County residents tested positive for
COVID-19; during this time, 13 residents died due to COVID-19

 complications. (Source: St.Louis County Department of Public
Health, July 28, 2020).
As of Tuesday July 28, 2020, four of St. Louis County’s five highest
single-day case counts had come in the last week. (Source:
St.Louis Post-Dispatch, July 28,2020).
St. Louis County has had the most COVID-19 cases and deaths of
any county in Missouri. As of Monday July 27, 2020, the total
number of known cases had reached 11,507. There have been
636 deaths in St. Louis County since the start of the pandemic. St.
Louis County accounts for approximately 27% of Missouri’s 43,050
cases and more than half of Missouri’s 1,201 deaths.
(Continued)

To help put these numbers into context, St. Louis County has less
than one-sixth of Missouri’s population. (Source: St. Louis PostDispatch, July 28, 2020).
Dr. Alex Garza, Commander of the St. Louis Metropolitan
Pandemic Task Force, said ZIP codes in Wentzville, O’Fallon, St.
Peters, Kirkwood, Shrewsbury and Florissant saw the most
significant increase this week compared to last week. Dr. Garza
also said the reproductive rate of the virus was greater than one
throughout the St. Louis area. According to Dr. Garza: “This clearly
shows that transmission is occurring throughout the metropolitan
area. If it’s urban, suburban, rural, (it) doesn’t really matter.”
Garza warned that “[c]ases are spreading pretty much
everywhere now.” (Source: KSDK.com, July 29, 2020).
5. As of July 29, 2020, Missouri has reported 44,823 confirmed
COVID-19 cases and 1,213 deaths due to COVID-19 since the start
of the pandemic. (Source: Missouri Department of Health and
Senior Services). On July 28, 2020, Missouri added 1,773 new
cases and 12 deaths from COVID-19. This was 121 more cases
than the previous high set four days earlier (Source: St. Louis
Post-Dispatch, July 29, 2020).
6. On July 27, 2020, St. Louis County Executive Dr. Sam Page
announced seven new guidelines and restrictions to help stop the
spread of COVID-19 in St. Louis County. Among the new
restrictions announced: Gatherings in St. Louis County are limited
to no more than 50 people, bars must close by 10 pm every night
and businesses’ occupancy will be rolled back from 50 to 25
percent capacity (the level it was in June). The updated

 restrictions will go into effect on Friday, July 31, 2020 and are
expected to be in place for the next four weeks. (Sources: St.
Louis Post-Dispatch and KMOV.com, July 28, 2020).
As Page indicated, “This is serious. This will overwhelm our
community. This will overwhelm our hospitals.” (Source: The
Joplin Globe, July 27, 2020).
The St. Louis Metropolitan Pandemic Task Force was consulted and
supports the new guidelines and restrictions. Task Force
Commander Dr. Alex Garza said these decisions are not taken
lightly, considering their impact on people’s livelihoods, but St.
Louis County “must take these steps if we want to flatten the
curve, get our kids back playing sports and in school full-time, as
well as keep everyone safe and healthy.” (Sources: St. Louis PostDispatch and KMOV.com, July 28, 2020).
(Continued)

7. “Six more school systems across St. Louis (Clayton, Parkway,
Pattonville and Webster Groves districts in St. Louis County; KIPP
and Lift for Life charter schools in St. Louis City) on Wednesday
joined the growing list of area districts that will start the school
year with virtual instruction.” They will offer online-only classes
for the first quarter of the 2020-2021 year. Other districts that
have moved to an all-virtual start to the 2020-2021 school year
include Affton, Ferguson-Florissant, Hazelwood, Kirkwood,
Maplewood-Richmond Heights and Ritenour. St. Louis Public
Schools also is expected to start primarily online. (Source: St.
Louis Post-Dispatch, July 30, 2020).
Accordingly, after the aforementioned consultation and
consideration, the 21st Judicial Circuit will remain in
Operating Phase Zero on July 30, 2020. The Court’s Phase
status will continue to be reviewed on an ongoing basis.
Michael D. Burton, Presiding Judge of the 21st Circuit
St. Louis County, Missouri
July 30, 2020

 (Continued)

WHAT DOES PHASE ZERO ALLOW?
According to the Missouri Supreme Court’s May 4, 2020
Operational Directives, during Phase Zero, all in-person
proceedings must be suspended, with very few designated
exceptions.1

1 a. Proceedings necessary to protect the constitutional rights of criminal defendants, including the right
to a speedy trial, and the rights afforded under section 544.676.3;
b. Proceedings pursuant to chapters 210 and 211 pertaining to juvenile delinquency and abuse, neglect,
and termination of parental rights;
c. Proceedings pursuant to chapter 453 pertaining to adoption;
d. Proceedings in which civil or criminal jury trials are already in progress as of March 16, 2020;
e. Proceedings pursuant to chapter 455 pertaining to orders of protection;
f. Proceedings related to emergency child custody orders;
g. Proceedings related to petitions for temporary restraining orders or other forms of temporary
injunctive relief;
h. Proceedings related to emergency mental health orders;
i. Proceedings pursuant to Chapter 475 for emergency guardianship or conservatorship;
j. Proceedings directly related to the COVID-19 public health emergency;
k. Oral arguments regarding time-sensitive matters; and
l. Other exceptions approved by the Chief Justice of this Court.

 The Supreme Court, however, did not mandate the suspension of
court operations; it simply indicated that proceedings continue,
but through video conferencing and other means.
The St. Louis County Courthouse is not closed to the public.
People may come into the building to file pleadings, motions and
responses. Petitioners may enter the building to file for ex parte
(temporary) orders of protection, as the Adult Abuse Office
remains open.
Due to the current pandemic, however, this court strongly
encourages the public to visit the St. Louis County Circuit Court’s
website. The website provides means to participate in
proceedings and avoid physically entering the building. For
example, petitioners can obtain orders of protection through
online filing.