With Enactment of SB 255, COVID-19 Emergency Directives Come to an End

Earlier today, Chief Justice Paul Newby rescinded the two remaining COVID-19 Emergency Directives. The Chief Justice determined that the enactment of S.L. 2021-47 (Senate Bill 255) on Friday rendered unnecessary Emergency Directive 3, which authorized judicial officials to conduct proceedings that include remote audio and video transmissions and Emergency Directive 5, which permitted verification of pleadings and other documents by affirmation of the subscriber. Statutory authorization for remote proceedings. S.L. 2021-47 enacts new G.S. 7A-49.6, which permits judicial officials to conduct proceedings of “all types” using audio and video transmission in which the parties, the presiding official, and any other participants can see and hear each other. There are several requirements for these types of remote proceedings, including the following: Each represented party to a remote proceeding must be able to communicate fully and confidentially with his or her attorney. When the right to confront witnesses or the right to presence is implicated in criminal or juvenile delinquency proceedings, the court may not proceed by audio and video transmission unless the court has obtained knowing, intelligent, and voluntary waiver of the defendant or juvenile respondent’s rights or unless another provision of law permits the proceeding. Remote proceedings must comply with any applicable federal and State laws governing the confidentiality and security of confidential information. If the proceeding is open to the public, the presiding official must facilitate access to the proceeding by the public and media as nearly as practicable to the access that would be available if the proceeding were [...]