A lesson in the separation of powers is taking place on the state level. Governor Laura Kelly issued an order to wear masks, but specifically exempted the courts.
Kelly’s order exempted the courts because the executive branch cannot issue orders to the judicial branch.
That did not stop the courts from following the order, however.
The Kansas Supreme Court issued an administrative order requiring district and appellate courts to comply with the governor’s order.
The Supreme Court order requires all court employees, judicial officers, and members of the public to wear a face covering in any courtroom, court office, or other facility used for a court proceeding.
Face coverings must also be worn in any nonpublic court office unless physical shields are in place.
Courts are required to comply even if local county commissions opt out of the governor’s executive order.
The Supreme Court order allows a judge to waive the face covering requirement under certain circumstances.