The Texas Supreme Court on Friday ordered a Dallas County judge to stop requiring people to wear face masks in her courtroom despite the judge’s rare autoimmune disorder that she says puts her at high risk of infection.
In an advisory order issued Friday afternoon, justices wrote that state and federal law does not allow Dallas County Court at Law No. 1 Judge D'Metria Benson to impose a mask mandate in her courtroom. The court said the policy is “an unfair and unduly burdensome imposition” on people in her court, which violates a state rule on judicial administration.
That's despite Benson saying she put the policy in place because she’s immunocompromised, and her doctor advised the mask mandate.
"The Court has carefully considered Judge Benson’s responses and expresses its sympathy for her health challenges," justices wrote. "Nevertheless, the facial visibility of courtroom participants is an essential feature of a properly functioning justice system."
The order was prompted by Dallas attorney Scott Frenkel submitting a complaint May 4 to Judge Ray Wheless, who oversees administrative issues in a judicial region that includes Dallas County. The complaint — first obtained and reported by the Texas Lawbook — alleged Benson has a standing order requiring people entering her courtroom to wear masks and "divulge intimate information about their health."
Benson put her policy in place March 2, 2023, just after the Texas Supreme Court ended its emergency order allowing judges to impose mask mandates, the Texas Lawbook reported. Frenkel was allegedly not allowed inside Benson’s court to represent clients in two different cases — including in a trial — because he declined to wear a mask.
According to the letter, Benson herself wasn’t wearing a mask, the Texas Lawbook reported. Wheless told the Texas Supreme Court he had cautioned Benson against such a policy.
Chief Justice Jimmy Blacklock sent a letter to Benson May 13 asking her to clarify the policy. In her own letter two days later obtained by KERA News, Benson said she was unaware of the complaint and hadn’t seen Blacklock’s letter. She said she has a rare autoimmune disorder developed after the COVID-19 pandemic that makes her highly susceptible to infection.
Benson said she based her policy on a 2020 opinion by Texas Attorney General Ken Paxton that states a judge has “broad discretion over the conduct of its proceedings,” including reasonable attire restrictions. Attorney general opinions are persuasive but not legally binding.
The judge also denied requiring “heightened health screenings” for people entering her courtroom.
“The Court should not direct me to withdraw my masking requirement because it is implemented for my personal health and safety,” Benson wrote in the May 15 letter.
KERA News reached out to Benson and Frenkel’s attorney and will update this story with any responses.
Benson, a Democrat, has spent more than a decade on the bench. She lost the March primary in her bid for reelection to former Dallas appeals court judge Erin Nowell, but Benson will remain on the bench until the end of her term.
This story is developing and will be updated.
