The following Supreme Court order and message is from Kentucky Chief Justice John Minton, Jr. to justices, judges and circuit court clerks to provide guidance on how court proceedings will be restricted March 16-April 10, 2020.
Kentucky Court of Justice Personnel:
A few minutes ago, I sent the attached Supreme Court order and the message below to our justices, judges and circuit court clerks to provide guidance on how we will restrict court proceedings from March 16-April 10. We’re taking these measures to promote social distancing during the COVID-19 outbreak. I encourage you to read the order carefully so that all of us are on the same page as we carry out our responsibilities in the coming weeks. I appreciate your hard work and your support of our containment efforts during this difficult time.
Chief Justice John D. Minton Jr.
Justices, Judges and Circuit Court Clerks:
Supreme Court restricts court proceedings to observe social distancing
Order effective March 16-April 10
Many of you have questions concerning the impact of COVID-19 on your courts. Yesterday (Thursday) I offered guidance on isolation and quarantine in Section 4.10 of the “Public Health Law Judicial Reference Guide for Kentucky Courts.” Today (Friday) I want to provide a Supreme Court order that further details how to conduct court business during this emergency.
Supreme Court Order Effective March 16-April 10
Numerous events are being canceled as public health officials stress social distancing as a way to mitigate the outbreak. Because large numbers of people come through our judicial centers each day, we must be do our part to minimize social contact. After careful consideration, the Supreme Court has issued an order that calls for restrictions on dockets, jury trials and jury service from March 16-April 10.
Numerous events are being canceled as public health officials stress social distancing as a way to mitigate the outbreak. Because large numbers of people come through our judicial centers each day, we must be do our part to minimize social contact. After careful consideration, the Supreme Court has issued an order that calls for restrictions on dockets, jury trials and jury service from March 16-April 10.
The complete order is below.
Pandemic Response Plan
We are also hard at work on a Pandemic Response Plan that will supplement our existing Emergency Management Plan. This plan will address court operations during a public health crisis and I’ll share more information about that as soon as possible.
Calling for Calm Leadership
It’s important that you continue to provide fact-based information and calm leadership to court personnel and others who come before the courts. We must deal with this pandemic in a way that ensures justice for the citizens of the commonwealth while protecting the health of our employees and the public.
John D. Minton, Jr.
Chief Justice of Kentucky
Capitol Building
700 Capital Avenue, Room 231
Frankfort, Kentucky 40601
Telephone 502.564.4162
KENTUCKY COURT OF JUSTICE RESPONSE TO
COVID-19 EMERGENCY
On March 6, 2020 Governor Beshear entered Executive Order 2020-215 and declared a State of Emergency in response to the novel coronavirus (COVID-19) emergency in the Commonwealth. In light of this measure and to protect the health and safety of court employees, elected officials, and the general public, and under Section 116 of the Constitution and Supreme Court Rule 1.010, the Supreme Court hereby ORDERS the following measures to be implemented from Monday, March 16, to Friday, April 10, 2020:
1. With the exception of emergency matters, domestic violence hearings, and evidentiary hearings in criminal cases, all in-person appearances for civil and criminal dockets shall be canceled. Judges are encouraged to use telephonic or video technology for all necessary hearings, including arraignments and mental health hearings.
2. All civil trials, hearings, and motions shall be postponed and rescheduled for a later date. Any civil trial or hearing currently in progress shall be continued or completed at the discretion of the presiding judge.
3. Reasonable attempts shall be made to reschedule all criminal trials, subject to a defendant’s right to a speedy trial.
4. With the exception of emergency matters and hearings statutorily required to be held, small claims, eviction, juvenile, probate, traffic, and guardianship cases shall be continued.
5. Courtroom attendance shall be limited to attorneys, parties, and necessary witnesses.
6. A case involving an attorney or party who is ill or in a high-risk category shall be rescheduled.
7. Judges shall issue summonses in lieu of bench warrants or notices of failure to appear.
8. All show cause dockets for payment of fines and court costs scheduled within this timeframe shall be continued for 60 days.
9. The 20-day preliminary hearing requirement for out-of-custody defendants under RCr 3.10 is waived during the effective dates of this Order.
10. Jurors who are ill, caring for someone who is ill, or in a high-risk category shall have their jury service postponed to a later date.
11. New juror orientations shall be suspended.
12. Existing jury panels may be extended at the discretion of the court.
13. Attorneys are encouraged to use e-Filing.
14. Drop boxes should be used for conventionally filed documents if available.
15. Signage shall be posted at all public entry points advising individuals not to enter the building if they have:
a. Visited China, Iran, South Korea, any European countries, or any other high-risk countries identified by the CDC in the previous 14 days;
b. Resided with or been in close contact with someone who has been in any of those countries within the previous 14 days;
c. Traveled domestically within the United States where COVID-19 has sustained widespread community transmission;
d. Been asked to self-quarantine by any doctor, hospital, or health agency;
e. Been diagnosed with or have had contact with anyone who has been diagnosed with COVID-19; or
f. A fever, cough or shortness of breath.
16. Individuals attempting to enter in violation of these protocols shall be denied entrance by a bailiff or court security officer.
17. Bailiffs shall discourage congregating outside courtroom doors and encourage social distancing inside the courtroom.
18. Individuals with legitimate court business who are ill, caring for someone who is ill or in a high-risk category are advised to stay home and request a continuance by calling the local Office of Circuit Court Clerk.
Nothing in this Order shall preclude the chief district and chief circuit judges from implementing additional local restrictions as needed. This Order shall be effective from March 16, 2020, to April 10, 2020, or until further Order of this Court.
____________________________________
CHIEF JUSTICE
All sitting; all concur.
