Throughout California, COVID-19 closures delayed jury trials for nearly three months. Last month, a majority of state courts were beginning to resume services (virtually and in person) as the state began reopening. Unfortunately, the virus has returned to a maxing phase in California as it waxes and wanes across the nation in an alarming upward trend. In an effort to curb this recent resurgence of the coronavirus, California has mandated closures once again. Thankfully for the justice system, this doesn’t mean a return to sweeping courtroom closures. Thanks to video conferencing tools such as CourtCall and Zoom, as well as courtrooms with expanded and enforced social distancing, cleaning and face mask guidelines in place, local judicial systems are deciding for themselves the best ways to stay open and proceed.
In Northern California, a state appeals court recently ruled that preliminary court hearing must proceed as bound after a challenge was filed in Contra Costa County Superior Court, thereby impacting all California jurisdictions. Courts in California, and around the US have struggled with how to proceed safely while ensuring due process and access obligations are carried out to the fullest extent. It appears the safest way is by letting local jurisdictions decide for themselves. Here are a few examples across California:
According to a news release by the CA courts on July 10th, the CA courts announced that at least 29 California counties have kept COVID-19 emergency bail schedules in place. The release states, "The Judicial Council's action better reflects the current needs of our state, which has different health concerns and restrictions county-to-county based on the threat posed by COVID-19," said council member Justice Marsha Slough.
Currently, more than 3 in 4 Californians live in counties with COVID-19 emergency bail schedules after many countries adopted COVID-19 emergency bail schedules with some modifications that have been extended to stay in place past the original June 20th deadline.
Across the nation local courts and jurisdictions are enacting similar emergency rules and temporary procedures allowing for remote hearings, mandated face coverings and social distancing, closure of in-person services and moving them online, extension of deadlines for criminal trials, emergency bail schedules and encouraging teleconferencing whenever feasible.
Generally, courts are exclusively or mainly using remote/telephonic hearings in California. While there is some degree of chaos, the general consensus among attorneys and county officials is that remote proceedings are the best way to ensure access to the courts while keeping everyone safe during this pandemic.
If you have questions about judicial proceedings in your area, visit your local county judicial website. They will have the most up-to-date information as well as COVID-19 related changes relevant to your jurisdiction.
At ABC Legal we offer appearance counsel through our subsidiary company Docketly and we have the technology and mobile capabilities to easily adapt during this transformative judicial environment.
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