Courts have discretion on dealing with coronavirus, chief justice says

At least one California superior court said Friday it would suspend operations and two others are planning to limit them severely amid announcements from all federal courts and most state courts that they would remain open but observe additional measures to limit the transmission of the coronavirus.

The Contra Costa County Superior Court announced it would close all locations for approximately two weeks beginning Monday.

While the Santa Clara County Superior Court did not announce its closure, it did say it would reschedule or continue many cases effective March 16 through April 5. Matters subject to the delays include civil jury trials that were not ongoing, small claims motions, traffic matters, family hearings and many criminal trials.

The Los Angeles County Superior Court, the largest court system in the nation, said late Friday all new civil jury trials should be continued for at least 30 days and all preference jury trials should be continued for at least 15 days. The court further intimated that all criminal jury trials, where statutory time has been waived, should be continued for at least 30 days. Presiding Judge Kevin Brazile instructed court officers to limit new jury panel requests within the next 30 days out of concerns about juror availability.

"The authority to adjust or suspend court operations rests with local court leadership, taking into account local health authority guidelines," Chief Justice Tani G. Cantil-Sakauye said in a statement. "Each court has different challenges and is working with local stakeholders to craft the best protections. Many courts are using their authority to modify practices or extend timelines, and some are appropriately requesting emergency orders from me to support their local needs."

In conversations with the Daily Journal, some judges expressed concern off the record about the uncertainty of how their calendars will proceed in the weeks to come.

While most courts planned to remain open for now, many promised to adopt strategies that emphasized video appointments and cancellation of traffic and other infraction hearings.

"The court is working with justice partners to identify ways to reduce the need for in-person appearances while performing legally mandated functions and respecting litigants' due process rights," the Los Angeles County court announcement read.

Orange County Superior Court also said it would not suspend operations.

The four federal district courts announced no suspension of operations.

The Northern District said it would not be instituting, "uniform, district-wide changes to court operations. However, individual judges, at their own discretion, may implement accommodations or changes in their own courtroom procedures as appropriate."

The Central and Eastern districts said they would restrict entry into courthouses by people who have traveled to China, Italy, Iran, Japan or South Korea. Access would similarly be restricted to anyone who had interacted with a person who had traveled to any of those countries.

Additionally, visits by minors or student groups to tour any Central District court are canceled.

Last Monday, the 9th U.S. Circuit Court of Appeals said it was canceling its en banc hearings and all non-case related meetings scheduled for the week. "At the discretion of the three-judge panels, there may be additional cancellations for next week as well," the court announced.