Sweet Home Municipal Court COVID-19 Requirements and Recent Events

SWEET HOME, Ore. June 25, 2020, — Sweet Home Municipal Court has experienced procedural changes due to the COVID-19 guidance from Governor Kate Brown, the Oregon Health Authority, and the Oregon Supreme Court. The changes include the following: 

• Do not attend court if sick.
• Remain 6 feet between individuals
• Face masks or coverings are required.
• Courtroom capacity limited to 10 defendants.
  • Some individuals may need to wait outside the building until their case is called.
  • Do not bring additional individuals (parents, spouse, friends, etc.) inside the courtroom.

These instructions were mailed to each person scheduled for an upcoming court hearing. The letter also included an invitation to contact the court if a defendant had any questions or concerns. Mr. John Kulbeth was scheduled for two separate hearings. The first hearing for a harassment citation was scheduled for June 24, 2020. The second hearing for Failure to Stop for Bus Safety Lights was scheduled for June 26, 2020. 

Mr. Kulbeth contacted the court on June 22, 2020, requesting to combine his two hearings, which the staff obliged. During that interaction, Mr. Kulbeth did not state he was unable to wear a mask. 

Upon his arrival to court, he refused to be fingerprinted. As he entered the courtroom, the court staff asked Mr. Kulbeth to wear a mask and showed him where they were located. He stated he would not wear a mask. Staff, per the correspondence he had previously received, repeated that masks were required. The City Attorney, Robert Snyder, reiterated this policy. Mr. Kulbeth indicated that the judge could tell him. Judge Larry Blake then entered the courtroom and asked Mr. Kulbeth to put on a mask. Mr. Kulbeth refused.

Mr. Kulbeth left the courtroom while the judge was addressing him, before completion of his hearing. The judge then issued a warrant for "Failure To Appear-Contempt." Judge Blake later arraigned him while in custody based upon Kulbeth's failure to appear. Mr. Kulbeth was granted a continuance and offered the opportunity to provide documentation of a health condition to receive appropriate accommodations.  

The face mask policy implemented by Judge Larry Blake was based on the Oregon Chief Justice Order No. 20-016 section 10.b.(1)(2).e.  ORS 221.336-339 and ORS 33.015 - 155 give authority to a municipal court judge related to contempt of court. 

On Thursday, June 25, 2020, Sweet Home City Manager Ray Towry met with Mr. John Kulbeth to discuss his courtroom experience and it was a positive, amicable meeting. Towry reiterated the judge's legal authority in the court room but offered to consider any contrary legal opinions that Kulbeth would be able to provide.

We encourage anyone who is scheduled for an upcoming Sweet Home Municipal Court hearing and needs any accommodations to please contact us at 541-367- 4660. 

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For Additional Information Contact:
Ray Towry
City Manager
City of Sweet Home
541-367-8969