By Lauren Berg

Law360 (May 27, 2020, 9:37 PM EDT) -- The Supreme Court of Pennsylvania announced Wednesday it would end the statewide judicial emergency order closing courts during the coronavirus pandemic on June 1, but will allow individual districts' chief judges to extend court closures as needed.

The high court stressed that its order does not overrule local emergency orders and directives. Local courts will be allowed to limit in-person access and proceedings to safeguard the health and safety of court staff, attorneys and members of the public.

Local courts also will be able to suspend statewide rules that restrict the use of advanced communication technologies or electronic court filings. They will also be able to suspend jury trials and suspend rules pertaining to criminal defendants' rights to a prompt trial, according to the order.

On the other end of the spectrum, the Massachusetts Supreme Judicial Court on Tuesday delayed all state court jury trials until at least Sept. 8 and kept the courts closed to the public through June.

The orders, effective June 1, codify what the state's top justices signaled they would likely do in a letter to the bar sent about two weeks ago. The courts will continue to handle all matters remotely, the SJC said, and both civil and criminal bench trials will be delayed until at least July 1.

Earlier this month, the New York State Unified Court System said it will begin the gradual reopening of in-person operations in 30 upstate counties that have met Gov. Andrew Cuomo's coronavirus safety benchmarks.

State and federal courts are all over the map when it comes to closures and reopenings, and not many are quite willing to loosen emergency orders.

Beginning June 1 in the Southern District of California, judges will be able to conduct certain in-person criminal proceedings when the defendant is out of custody. And the current order in the Central District of California closes courthouses to the public through June 1.

In the Eastern District of Kentucky, all civil and criminal trials were postponed through May 17. Grand jury proceedings will continue.

In the Western District of Michigan, regular in-person hearings resumed on May 18, although each judge continues to assess what matters can be postponed or handled remotely on a case-by-case basis. The court recommends the use of a face covering in a court facility.

Many state and federal courts are content to stay closed and postpone jury trials until at least late summer or early fall.

The Northern District of California's top judge issued an order last week postponing or vacating all new criminal jury trials set to begin through June 30 and new civil jury trials scheduled to commence through Sept. 30. That includes pushing off a patent trial between Finjan and Cisco Systems Inc. that was set to begin June 1.

The need to keep people safe combined with a desire to get the courts up and running at full speed has prompted some creative solutions.

The "new normal" in the Southern District of New York will include "lots of plexiglass." The transformation will include enhanced social distancing for jurors, controlled access, and clear barriers to shield workers and trial witnesses.

Florida Chief Justice Charles Canady has ordered the creation of a pilot program on holding state civil jury trials via remote technology and has also set up a new four-phase process for reopening state courts following the pandemic.

On May 18, a Texas state court was the first in the country to use the videoconferencing platform Zoom with jurors in an insurance trial.

--Additional reporting by Chris Villani, Sarah Jarvis, Khorri Atkinson, Pete Brush, Dorothy Atkins and Katie Pohlman. Editing by Emily Kokoll.

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