Presumptive court holidays declared for filings, hearings

Chief Justice Tani G. Cantil-Sakauye issued guidance to state courts Monday as they try to deal with the coronavirus.

"California's judicial branch is facing an unprecedented challenge with the COVID-19 virus," Cantil-Sakauye wrote. "I recognize that this situation may require the temporary adjustment or suspension of court operations and procedures."

Standard procedure in an emergency such as the one the courts now face allows the presiding judge of a court to request particular procedural changes, subject to approval by the chief justice. The new order streamlines this process by declaring certain measures "presumptively approved."

These include a break of up to "10 court days" for filing any briefs or papers due, as well as holding hearings, by declaring the time of the outbreak an unscheduled holiday. Court orders that were set to expire, including restraining orders, can be given automatic 30-day extensions, as can dependency hearings. The procedures can be updated on an ongoing basis.

The order follows complaints that courts around the state have been instituting new policies in a chaotic, patchwork fashion. Indeed, some courts have closed completely while others are maintaining regular operations for the time being.

Courts in the Bay Area and other parts of Northern California have generally been the most aggressive, due to the severity of the outbreak in these areas. For instance, large Bay Area counties like Contra Costa and San Francisco have closed courts for most matters for the coming weeks.

In a separate announcement Monday, Cantil-Sakauye canceled all in-person oral arguments in the California Supreme Court. The court's seven justices will continue to meet in their regular courtroom in San Francisco, with attorneys appearing by video conference. Only a limited number of members of the public will be allowed to attend due to social distancing guidelines.

The Legislature clarified and expanded the emergency powers of the Judicial Council chair in 2018 when it passed SB 1208. The law allows the chair to act in the case of an "epidemic, natural disaster, or other substantial risk to the health and welfare of court personnel or the public."

It also made it easier for a chair to extend such measures if a California governor or U.S. president declares a state of emergency, both of which have happened this month.