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Law360 (April 27, 2020, 4:40 PM EDT ) The Massachusetts Supreme Judicial Court on Monday announced that state courthouses would remain closed to the public until June 1 — except for emergency matters — due to the coronavirus pandemic.
The latest order from the state's top court also postponed all jury trials in both criminal and civil matters until July 1. Bench trials can take place on June 1 or after, the Supreme Judicial Court said, unless all parties and the court agree to hold them virtually.
The new order extends closures that were set to expire on May 4, which is also the expiration date for the closure of nonessential businesses in the state and a stay-at-home advisory for residents. Gov. Charlie Baker said Monday he plans to announce later this week whether he will extend those orders.
The Supreme Judicial Court said that until at least June 1, "all the courts of the commonwealth will be open to conduct court business, but courthouses will continue to be closed to the general public, except where entry is required to address emergency matters that cannot be resolved virtually because it is not practicable or would be inconsistent with the protection of constitutional rights."
Deadlines in cases will be extended to comply with the new guidelines on court closures, the Supreme Judicial Court said. Trial courts have been ordered to identify categories of non-emergency matters that they can attempt to address virtually.
"The Supreme Judicial Court and Appeals Court will continue to conduct oral arguments virtually in non-emergency matters," the court said.
Court clerks, registrars and recorder's offices are directed to continue to conduct court business and accept filings, pleadings and other documents; answer questions from attorneys and the public; and keep the business of the court going, the Supreme Judicial Court said.
But the court added that "all such business will be conducted virtually, except when the filing of pleadings and other documents in emergency matters cannot be accomplished virtually."
Attorneys have questioned how well equipped Massachusetts state courts are to cope with the inability to do business in person, noting that online filing has not become a widespread practice in the state. Chief Justice Ralph D. Gants has urged the state's attorneys to work collaborative and creatively to keep the court system moving as well as possible during the crisis.
The federal courts have continued to conduct business as well, with Boston-based judges regularly holding hearings over videoconference or the telephone.
--Editing by Adam LoBelia.
For a reprint of this article, please contact reprints@law360.com.
