State trial courts scale back efforts to resume operations

Trial courts in California are tweaking their ramp-up plans as coronavirus cases spike.

Los Angeles County Superior Court, which resumed operations on June 22, in the past week delayed criminal jury trials by another month -- to August. Presiding Judge Kevin C. Brazile has ordered all bench trials set for July 10 to Aug. 8 to be continued until further notice. Cases with statutory requirements remain on schedule, according to Brazile.

Family law hearings that will take more than two days to proceed must hold off until November, he said.

"Throughout this unprecedented public health crisis, the court has implemented measures designed to protect the public it serves while safeguarding the rights of all participants in court proceedings," Brazile said in the statement delaying criminal trials. "The court continues to evaluate this balance as the novel coronavirus contagion rate in Los Angeles County increases and public health authorities provide more guidance about how to slow its spread."

Law and motion proceedings have been proceeding mostly remotely in the county. Civil jury trials, which have been projected to start in the fall, might not pick up again until 2021 as the statutory priority is criminal trials.

Alameda County Superior Court announced the extension of the stay on writs of possession in unlawful detainer matters until Aug. 16.

All civil trials in Kern County expected to take longer than two days are delayed for 90 days.

This week San Mateo County suspended civil, family law, unlawful detainers and time-waived misdemanor trials until Aug. 31.

An order by Tulare County Superior Court this month restricts access to the courthouse and allows a judge to extend the deadline for beginning certain criminal trials by up to a month.

A sixth emergency order by Santa Barbara County Superior Court issued July 7 authorized the deadline to start a felony criminal tria lcan be delayed by up to 30 days.

In San Diego County, jury trials have been suspended through Aug. 17 under an order issued last week. In-person services have been limited, but virtual hearings and online services have increased, according to the court. More than 11,000 traffic matters scheduled for in-person hearings are being rescheduled for remote hearings, announced the court this week.

"In just three months, we've moved a significant amount of our operations to online or remote access and we continue to move full speed ahead in the interest of safely serving the needs of all San Diegans," said San Diego County Presiding Judge Lorna Alksne, in a statement. "Even with reducing the number of people physically coming into the courthouses, we have provided assistance and access to justice for thousands of people in these rapidly changing circumstances."

An order Wednesday extends the time period for holding preliminary examinations from 10 to no more than 30 days, applicable to only cases in which the statutory deadline would expire from Aug. 1 to Aug. 31.

In Orange County, criminal trials have resumed since the end of May. Under a recent order, a judge can mandate any civil or probate bench trial or other court proceedings be held remotely.

Due to a 1,000-per day backlog, jury trials in noncriminal cases may be permitted to proceed with a good cause finding by the judge. Priority is given to civil, probate and mental health cases, according to the Orange County court. Factors include constitutional and statutory preference, number of jurors available and staffing resources available.

San Francisco County has not instituted any recent major changes. It is already mandatory for law and motion matters to be heard remotely.