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Rice Law Blog

11 December 2020 – New Guidance on Court due to COVID

 

Sent on behalf of the Administrative Office
of the Courts. 

Please see the below COVID-19 update from Chief Justice Beasley and
Director Wooten.

Director McKinley Wooten -- letterhead

MEMORANDUM

In recent weeks, the number of North Carolina
counties categorized as “red” or “orange” by the North
Carolina Department of Health and Human Services (NCDHHS)
 has
more than doubled. More than 80 counties are experiencing
substantial or critical community spread of COVID-19. This
recent surge in COVID-19 cases, percent positivity, and
hospitalizations has strained court operations.

Since the pandemic began earlier this year, Judicial Branch
officials and employees have reported 291 confirmed positive
cases, 40 of which have been reported this week alone.
Fifty-three counties have reported partial or complete
closures of court facilities during the pandemic, some more
than once, and 11 counties have reported closures in the past
week alone.

Out of concern for the safety of court personnel and the public,
the Chief Justice intends to issue an emergency directive
postponing non-essential, in-person court proceedings for 30
days, beginning Monday, December 14, 2020. This order will mirror Emergency
Directive 1
, which was issued on March 13. The
same plans and procedures developed to safely manage our
courthouses in the spring will apply. It is
imperative that court operations remain as limited as possible
through the next 30 days.

For most of our courthouses, operations are reduced through the
end of the calendar year as many people take leave to observe the
holidays. The schedule for jury trials is likely to be light and
most courts have the capacity to conduct many proceedings
remotely. By holding only truly emergent or essential proceedings
in person, we can significantly limit the spread of COVID-19.

In addition, scaling back operations for the next 30 days will
give local court officials an opportunity to do much needed
planning to ensure that our courts are in the best possible
position to protect the health and safety of employees and the
public in 2021. We are hopeful that this planning will minimize
or avoid the need for additional shutdowns in early 2021 when
community spread is expected to be even higher.

The Chief Justice has also reconvened the Judicial
Branch COVID-19 Task Force
, which will meet from
1:00 – 3:00 p.m. on December 15, 2020. You are invited to attend
the meeting via Webex.

Our thoughts are with you as we enter this challenging holiday
season. We encourage all Judicial Branch officials and employees
to follow CDC/NCDHHS safety practices and remain vigilant over
the next few weeks.

Please stay safe and well.