The Texas Supreme Court has unanimously ordered a Dallas judge to immediately withdraw a courtroom mask mandate, ruling that the policy improperly burdens attorneys, jurors, witnesses, court staff, and members of the public.
In an order issued Friday, the state’s highest civil court directed Dallas County Court at Law No. 1 Judge D’Metria Benson to end a policy requiring individuals in her courtroom to wear face masks.
The dispute began after Dallas attorney Scott Frenkel filed a complaint alleging Benson continued enforcing COVID-era masking requirements years after statewide emergency orders had expired.
According to the Supreme Court, Benson confirmed that she generally requires people in her courtroom to wear masks when they are not speaking. She denied requiring heightened health screenings or disclosure of health information.
Benson told the court she maintained the requirement on the advice of her physician because her health is compromised.
The justices concluded the policy could not stand.
“The Court has carefully considered Judge Benson’s responses and expresses its sympathy for her health challenges,” the order states. “Nevertheless, the facial visibility of courtroom participants is an essential feature of a properly functioning justice system.”
The justices further emphasized the importance of public access to court proceedings and rejected the notion that everyone in a publicly accessible courtroom could be required to wear masks to accommodate one individual’s health concerns.
“In the absence of a major public health emergency, requiring face masks in a courtroom—or using the court’s power to pressure courtroom attendees to wear face masks—unduly interferes with essential functions of the Texas judiciary and is otherwise an unfair and unduly burdensome imposition on those present in a courtroom,” the court wrote.
The order goes beyond Benson’s courtroom, declaring that the Supreme Court “disapproves of any such policy in any Texas courtroom.”
The order was signed by Chief Justice Jimmy Blacklock and the court’s eight other justices.
Earlier this month, Blacklock sent Benson a letter questioning whether she had legal authority to require masks as a condition of entry into a Texas courtroom and citing the Texas Constitution’s guarantee that “all courts shall be open.”
When contacted by Texas Scorecard following Blacklock’s initial inquiry, Benson’s office said the judge had no additional comment. She has not commented on the new order.
Benson was defeated in the Democrat primary in March and will leave office in January.
