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Law360 (April 29, 2020, 8:41 PM EDT) -- In response to the ongoing COVID-19 pandemic, the Golden State's top judge on Wednesday added an additional 30 days to the deadlines for superior courts to hold criminal trials, bringing the total extension to 90 days.
California Chief Justice Tani G. Cantil-Sakauye urged courts to hold criminal trials earlier using remote technology where possible, but only if they can do so safely.
"The continuous operation of our courts is essential for our constitutional form of government, and for providing due process and protecting the public," Justice Cantil-Sakauye said in her statewide emergency order. "However, courts are clearly places of high risk during this pandemic."
On March 23, citing a need to improve social distancing measures, Justice Cantil-Sakauye suspended all superior court jury trials for 60 days.
In that order, she said many courts are unable to comply with the recommendations of health officials for stringent social distancing practices putting six feet between individuals.
"Courts cannot comply with these health restrictions and continue to operate as they have in the past," the March 23 order said. "Court proceedings require gatherings of court staff, litigants, attorneys, witnesses, and juries, well in excess of the numbers allowed for gathering under current executive and health orders."
That order noted closures of other civic institutions that have affected the courts as well.
"Even if court facilities could allow for sufficient social distancing, the closure of schools means that many court employees, litigants, witnesses, and potential jurors cannot leave their homes to attend court proceedings because they must stay home to supervise their children," Justice Cantil-Sakauye said. "These restrictions have also made it nearly impossible for courts to assemble juries."
Earlier in March, Justice Cantil-Sakauye issued a statement that the authority to "adjust or suspend court operations" rests with local court leadership. She added that the courts were working closely with local, county, state and federal health departments to respond to the public health crisis.
"Although the extent of the pandemic is unknown at this time, California's courts will continue to do what they do best: balancing public safety and health while protecting liberty and due process," the March 13 statement said.
As of Monday, the California Department of Public Health had reported more than 43,000 confirmed cases of COVID-19 and more than 1,700 deaths in the state, according to the Wednesday order.
--Editing by Alanna Weissman.
For a reprint of this article, please contact reprints@law360.com.
