April 2 Emergency Directives Require Continuances, Authorize Remote Proceedings, and Extend Time to Pay

Chief Justice Cheri Beasley entered an order last Thursday, April 2, 2020, imposing emergency directives that were immediately effective and that affect criminal cases. Legal authority. The Chief Justice’s order was entered pursuant to G.S. 7A-39(b)(2), which permits the Chief Justice, after determining or declaring that catastrophic conditions exist in one or more counties of the state, to issue emergency directives necessary to ensure the continuing operation of essential trial or appellate court functions. Such directives are effective notwithstanding any other provision of law. The Chief Justice entered earlier orders on March 13 and March 19, 2020, imposing emergency directives necessary to address court operations in light of the COVID-19 outbreak. The Chief Justice determined that additional directives were needed to reduce the spread of infection and ensure the continuing operation of essential court functions. Duration. Emergency orders entered pursuant to G.S. 7A-39(b)(2) may initially last no longer than 30 days, but may be extended for additional 30-day periods if the Chief Justice determines that the directives remain necessary. The April 2 order was immediately effective and expires on May 1, 2020. The Chief Justice noted that, given the current severity of the COVID-19 outbreak, she “fully expect[s] to extend these directives for an additional 30-day period,” and instructed judicial system stakeholders to plan for the directives to last through the month of May 2020. The directives. The order imposes seven emergency directives, three of which are particularly significant in criminal cases. Continued proceedings. Emergency Directive 1 requires that all superior [...]