May 1 Emergency Directives Require Continuances, Authorize Remote Proceedings, and Extend Time to Pay

Chief Justice Cheri Beasley entered an order on Friday, May 1, modifying and extending eight emergency directives previously issued on April 2 and April 16, 2020.  The Chief Justice’s April 2 order, in which noted that she fully expected to extend its directives for an additional 30-day period and that judicial system stakeholders should plan for the directives to last through May, presaged the current one. Emergency orders issued by the Chief Justice pursuant to G.S. 7A-39(b)(2) initially may endure for no more than thirty days, but may be extended for additional 30-day periods. Friday’s order was effective immediately and expires on May 30, 2020. As before, three of the emergency directives are particularly significant in criminal cases. Continued proceedings. Emergency Directive 1 requires that all superior and district court proceedings be scheduled or rescheduled for on or after June 1, 2020 unless: The proceeding will be conducted remotely; The proceeding is necessary to preserve the right to due process; The proceeding is for emergency relief; or The senior resident superior court judge, chief business court judge, or chief district court judge determines that the proceeding may be conducted under conditions that protect the health and safety of all persons. This directive, like its April 2 predecessor, does not apply to a proceeding in which a jury already has been empaneled, though that exception seems unlikely to apply at this point to any actual case. Remote proceedings. Emergency Directive 3 reauthorizes judicial official to conduct proceedings that include remote audio and [...]