Statewide Judicial Emergency extended through May 13

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Judicial Emergency

ATLANTA, Ga – Chief Justice Harold D. Melton issued an order today that extends the statewide judicial emergency until May 13, 2020. The Chief Justice first declared a judicial emergency on March 14 which was due to expire April 13.

While under a statewide judicial emergency, courts are ordered to remain open to deal with matters that are critical or “essential” to protect the “health, safety, and liberty of individuals.” As an example, essential court functions include such things as the issuance of search and arrest warrants and the granting of domestic abuse restraining orders. However, criminal trials and jury duty have been suspended statewide, and courts are urged to use teleconferencing and videoconferencing where feasible when conducting hearings or other court matters to avoid litigants, judges, and other persons from having to convene in the courthouse and risk exposure to COVID-19.

With today’s extension of the emergency, the order urges courts to avoid backlogs in nonessential matters where they can do so safely. “With regard to matters not deemed essential functions under the Statewide Judicial Emergency Order, courts and litigants are encouraged to proceed to the extent feasible and consistent with public health guidance, for example through the use of teleconferences and videoconferences, to reduce backlogs when the judicial emergency ends,” the order says.

“The threat of this virus is difficult for everyone,” Chief Justice Melton said. “Court personnel are no exception. We have to ensure that they can safely fulfill their mission.”

Chief Justice Melton said that mandating that only essential matters be addressed by the courts is a step toward protecting the safety of court personnel and the public. But Chief Justice Melton noted that with today’s order extending the judicial emergency, “I also want to encourage courts and counsel in nonessential matters to move those matters forward as much as possible and practicable to maintain the flow. We should do what we can safely do during this time to keep the courts’ backlog from growing too large.”

The order urges attorneys to remember their “obligations of professionalism.” Guidance on those obligations can be found in the Lawyer’s Creed and Aspirational Statement on Professionalism. (https://www.gabar.org/aboutthebar/lawrelatedorganizations/cjcp/lawyers-creed.cfm) In particular, attorneys are urged during this emergency to accommodate opposing counsel in either moving cases along or agreeing to continuances as appropriate.

The order states that the Chief Justice will give notice of the expected termination of the order “at least one week in advance to allow courts to plan the transition to fuller operations.”

See entire declaration here: CJ Melton_Extension_Order_signed_entered

The March 14 order states that courts “should remain open to address essential functions, and in particular courts should give priority to matters defined as those necessary to protect health, safety, and liberty of individuals.” The order lists the matters courts should prioritize, which including domestic abuse restraining orders, juvenile court delinquency detention hearings and emergency removal matters, mental health commitment hearings, and cases “where an immediate liberty or safety concern is present requiring the attention of the court as soon as the court is available.”

“Following Governor Kemp’s declaration today of a Public Health State of Emergency, I am directing the judicial branch of government to suspend all but essential court functions,” Chief Justice Melton said. “These critical matters will remain a priority in our courts.”

Criminal trials in which a jury already has been empaneled “shall continue to conclusion, unless good cause exists to suspend the trial or declare a mistrial,” the order states.

During the period of the order, which will terminate April 13 unless extended, the order suspends and grants relief from a number of judicial deadlines, such as the “time within which to issue a warrant” and the “time within which to hold a commitment hearing.”

The order states that, “To the extent court proceedings are held, they should be done in a manner to limit the risk of exposure, where possible, such as videoconferencing.”

Judicial Order closes Courts in the Appalachian District

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Judicial Order, Brenda Weaver, Chief Judge, Judge,

GILMER, Ga. – An order declaring a Judicial Emergency has been released from Chief Judge Brenda Weaver was filed today in Gilmer County regarding civil and/or criminal court proceedings in the Appalachian Judicial Circuit (Gilmer, Fannin, Pickens counties).

The order states, “The nature of this emergency is the continued transmission of the Coronavirus/COVID-19 throughout the State of Georgia and the potential infection of those who are required to appear in our courts and interact with large groups due to jury service, including grand jury service, or other large, non-essential calendars.”

As for the cases slated for next week, the order states, “It is the order of the Court that jury trials are CONTINUED, and no jurors or grand jurors shall report, and no jury trials shall be held for a period of 30 days from the date of the entry of this order.”

The order charges all parties and attorneys in specially-set hearings between March 13, 2020, and April 11, 2020, to contact the assigned judge for directions.

The order provides this list of the Amended 2020 Superior Court Calendar in that same time frame:

Additionally, the order calls for attorneys and clients to report and notify each other of any sign or showing of symptoms of illness, even mild ones, prior to or after court as well as any contact or exposure to a Coronavirus positive individual. The attorneys should then contact the judge’s office if this occurs.

The order also states a list of people that “shall not enter Pickens, Gilmer, or Fannin Courthouse or any probation office Pickens, Gilmer, or Fannin Counties, without prior permission from the Chief Judge.” Those people include:

  • Persons who have been in any of the following countries or regions within the last 14 days:
    STATE OF WASHINGTON
    NEW ROCHELLE, NEW YORK
    CHINA
    SOUTH KOREA
    JAPAN
    ITALY
    IRAN
    EGYPT

  • Persons who reside or have had close contact with someone who has been in one of the countries listed above within the last 14 days;

  • Persons who have been asked to self-quarantine by any doctor, hospital, or health agency;

  • Persons who have been diagnosed within, or have had contact with, anyone who has been diagnosed with Coronavirus (COVID-19);

The order charges Sheriff’s offices in these counties to deny entry to those in violation of this order. It also gives guidance to those under this order’s restrictions on the steps to take. Read the full Judicial Order below:

Appalachian Judicial Circuit Order pg. 1

Appalachian Judicial Circuit Order pg. 1

Appalachian Judicial Circuit Order pg. 2

Appalachian Judicial Circuit Order pg. 2

Appalachian Judicial Circuit Order pg. 3

Appalachian Judicial Circuit Order pg. 3

 

 

 

 

 

 

 

 

 

 

Appalachian Judicial Circuit Order pg. 4

Appalachian Judicial Circuit Order pg. 4

Appalachian Judicial Circuit Order pg. 5

Appalachian Judicial Circuit Order pg. 5

Appalachian Judicial Circuit Order pg. 6

Appalachian Judicial Circuit Order pg. 6

 

 

 

 

 

 

 

 

 

 

Appalachian Judicial Circuit Order pg. 7

Appalachian Judicial Circuit Order pg. 7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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