Courts Granted Emergency Relief By Ind. Supreme Court
March 22, 2020 at 10:18 p.m.
By Amanda [email protected]
Circuit Court Judge Mike Reed, who has been appointed the presiding judge for this emergency, petitioned the Supreme Court to grant Kosciusko courts emergency relief pursuant to Indiana Administrative Rule 17, citing that the World Health Organization had determined COVID-19 is a worldwide pandemic, the President of the United States has declared the virus a national emergency, and Indiana Gov. Eric Holcomb has also declared an emergency.
In the Supreme Court filing Thursday, the court writes, “The Centers for Disease Control and Prevention (CDC) has determined that ‘social distancing’ among other preventative measures is necessary for the prevention of further spreading of the virus; and that schools in the area have closed. It appears from the petition that this emergency will inhibit the litigants’ and courts’ ability to comply with statutory deadlines and rules of procedure.”
Reed said the emergency relief will give the courts some flexibility to keep people safer but that except for jury trials, it will be business as usual at the Justice Building.
Effective last Wednesday, here is the updated plan to handle the situation in the courts through May 4:
• The court authorizes the tolling through May 4 of all laws, rules and procedures setting time limits for speedy trials in criminal and juvenile proceedings, public health and mental health matters; omnibus deadlines; all judgments, support and other orders; and in all other civil and criminal matters before the courts. Further, no interest shall be due or charged during this tolled period.
This means, Reed said, that effective March 18 through May 4, that time period doesn’t count for the 30-day fast and speedy timeframe. Defendants who are jailed and facing a trial will not be released from jail because their jury trial got continued.
• The court authorizes the immediate continuance of all jury trials, civil and criminal, including those involving a request for a fast and speedy trial, until May 4, to eliminate gatherings of large groups of people and to try to limit the spread of the virus. The courts are directed to review, no later than April 17, whether continued suspension is necessary, and if it is not, to resume jury trials no later than May 4 to allow adequate notification of the jury pool. If the courts believe continued suspension is necessary, they may petition to extend the suspension.
• The courts may limit proceedings in all civil cases to those that the courts, in their discretion, determine are necessary, emergencies or urgent in nature, to the extent consistent with the parties’ constitutional rights. Urgent matters shall include protective order cases, emergency Child In Need of Services proceedings, detention hearings and emergency custody and visitation motions.
• The courts may limit criminal proceedings except emergency motions and petitions, bond hearings, initial hearings, emergency hearings, change-of-plea hearings, sentencing hearings, and any other criminal proceeding deemed necessary or urgent by the courts to the extent consistent with the parties’ constitutional rights.
• The courts may authorize any attorney who desires to appear remotely for any status conference or non-evidentiary hearing to do so upon filing a notice of remote appearance.
• The courts may consider (a) the existence of flu or flu-like symptoms in any party or witness or (b) exposure of such persons to anyone who has or may have the virus to be good cause for a motion to appear remotely or to continue the court settings. The courts may accommodate those requests to the extent they do not violate statutory or Constitutional rights. The courts may also allow persons with legitimate court business to stay home and request a continuance by phone call to the county clerk if they are ill, caring for someone who is ill or is in a high-risk category.
• The courts may in their discretion and subject to applicable Constitutional limitations, limit spectators (other than parties to the litigation and their attorneys) in courtrooms to the extent necessary to provide adequate social distancing and to limit the size of the gathering consistent with public-health recommendations.
Reed said people coming to court to sit in the gallery should just wash their hands and sit with a seat between the next person. But, the court does have the right to limit spectators if they deem is necessary.
• The courts may post signage at all public entry points to judicial facilities advising individuals not to enter the building if they have: visited high-risk countries identified by the CDC in the previous 14 days; resided with or been in close contact with someone who has been in any of those countries within the previous 14 days; traveled domestically within the United States where the virus has sustained widespread community transmission; been asked to self-quarantine by any doctor, hospital or health agency; been diagnosed with or have had contact with anyone who has been diagnosed with the virus; or a fever, cough or shortness of breath, and may direct bailiffs or court security officers to deny entrance to individuals attempting to enter in violation of these protocols.
Kosciusko County courts will file a status update no later than April 20 to inform the Supreme Court if there is an ongoing need for emergency relief.
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Circuit Court Judge Mike Reed, who has been appointed the presiding judge for this emergency, petitioned the Supreme Court to grant Kosciusko courts emergency relief pursuant to Indiana Administrative Rule 17, citing that the World Health Organization had determined COVID-19 is a worldwide pandemic, the President of the United States has declared the virus a national emergency, and Indiana Gov. Eric Holcomb has also declared an emergency.
In the Supreme Court filing Thursday, the court writes, “The Centers for Disease Control and Prevention (CDC) has determined that ‘social distancing’ among other preventative measures is necessary for the prevention of further spreading of the virus; and that schools in the area have closed. It appears from the petition that this emergency will inhibit the litigants’ and courts’ ability to comply with statutory deadlines and rules of procedure.”
Reed said the emergency relief will give the courts some flexibility to keep people safer but that except for jury trials, it will be business as usual at the Justice Building.
Effective last Wednesday, here is the updated plan to handle the situation in the courts through May 4:
• The court authorizes the tolling through May 4 of all laws, rules and procedures setting time limits for speedy trials in criminal and juvenile proceedings, public health and mental health matters; omnibus deadlines; all judgments, support and other orders; and in all other civil and criminal matters before the courts. Further, no interest shall be due or charged during this tolled period.
This means, Reed said, that effective March 18 through May 4, that time period doesn’t count for the 30-day fast and speedy timeframe. Defendants who are jailed and facing a trial will not be released from jail because their jury trial got continued.
• The court authorizes the immediate continuance of all jury trials, civil and criminal, including those involving a request for a fast and speedy trial, until May 4, to eliminate gatherings of large groups of people and to try to limit the spread of the virus. The courts are directed to review, no later than April 17, whether continued suspension is necessary, and if it is not, to resume jury trials no later than May 4 to allow adequate notification of the jury pool. If the courts believe continued suspension is necessary, they may petition to extend the suspension.
• The courts may limit proceedings in all civil cases to those that the courts, in their discretion, determine are necessary, emergencies or urgent in nature, to the extent consistent with the parties’ constitutional rights. Urgent matters shall include protective order cases, emergency Child In Need of Services proceedings, detention hearings and emergency custody and visitation motions.
• The courts may limit criminal proceedings except emergency motions and petitions, bond hearings, initial hearings, emergency hearings, change-of-plea hearings, sentencing hearings, and any other criminal proceeding deemed necessary or urgent by the courts to the extent consistent with the parties’ constitutional rights.
• The courts may authorize any attorney who desires to appear remotely for any status conference or non-evidentiary hearing to do so upon filing a notice of remote appearance.
• The courts may consider (a) the existence of flu or flu-like symptoms in any party or witness or (b) exposure of such persons to anyone who has or may have the virus to be good cause for a motion to appear remotely or to continue the court settings. The courts may accommodate those requests to the extent they do not violate statutory or Constitutional rights. The courts may also allow persons with legitimate court business to stay home and request a continuance by phone call to the county clerk if they are ill, caring for someone who is ill or is in a high-risk category.
• The courts may in their discretion and subject to applicable Constitutional limitations, limit spectators (other than parties to the litigation and their attorneys) in courtrooms to the extent necessary to provide adequate social distancing and to limit the size of the gathering consistent with public-health recommendations.
Reed said people coming to court to sit in the gallery should just wash their hands and sit with a seat between the next person. But, the court does have the right to limit spectators if they deem is necessary.
• The courts may post signage at all public entry points to judicial facilities advising individuals not to enter the building if they have: visited high-risk countries identified by the CDC in the previous 14 days; resided with or been in close contact with someone who has been in any of those countries within the previous 14 days; traveled domestically within the United States where the virus has sustained widespread community transmission; been asked to self-quarantine by any doctor, hospital or health agency; been diagnosed with or have had contact with anyone who has been diagnosed with the virus; or a fever, cough or shortness of breath, and may direct bailiffs or court security officers to deny entrance to individuals attempting to enter in violation of these protocols.
Kosciusko County courts will file a status update no later than April 20 to inform the Supreme Court if there is an ongoing need for emergency relief.
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