Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19

4月21日, 2020, Chief Justice Canady issued a new administrative order creating a 17-member workgroup to recommend ways for a staged return to full court operations as the course of the coronavirus pandemic changes in the months ahead. The workgroup will be chaired by Judge Lisa Taylor Munyon of the Ninth Judicial Circuit. Read full press release here.

功能概述 

The Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 was established to determine ways for courts to safely operate as fully as possible during each stage of the pandemic. The order identifies four anticipated stages of the pandemic for the workgroup to consider. Those stages are when: (1) in-person contact is inadvisable, court facilities are effectively closed to the public, and in-person proceedings are rare; (2) limited in-person contact is authorized for certain purposes and/or requires use of protective measures; (3) in-person contact is more broadly authorized and protective measures are relaxed; and (4) COVID-19 no longer presents a significant risk to public health and safety.

The Workgroup is directed to:

• Examine proceedings – including status and pretrial conferences, evidentiary and non-evidentiary hearings, 陪审员的选择, and jury and bench trials – that have been delayed as a result of the pandemic, identify the proceedings that are amenable to progress or resolution through remote technology and, 如果必要的, propose requirements for the conduct of such proceedings remotely;
• Identify and propose solutions for legal issues, implementation challenges, and cost issues associated with the use of remote technology, including any specific challenges that may exist related to alternative dispute resolution; problem-solving courts; family courts; probate, 监护, and mental health divisions; and other contexts as may be identified;
• Propose guidance – based on the advice of public health experts, 医学专家, or others with expertise in the management of a pandemic and the latest health advisories and safety guidelines – for protective measures that will allow the progressive and safe return of judges, 人员, 方, 法律顾问, 陪审员, and the public to court facilities;
• Recommend the priority in which proceedings requiring in-person hearings and trials should resume;
• Identify metrics to monitor case backlogs and performance; and
• Identify whether certain proceedings, due to efficiencies beneficial to stakeholders, could continue to be conducted remotely when COVID-19 no longer presents a significant risk to public health and safety, as well as identify issues that should be addressed in the State Courts System’s pandemic guidance material and other emergency operation documents and protocols to strengthen governance and preparedness for future events.