October 15 Omnibus Order Amends and Extends Emergency Directives

Published for NC Criminal Law on October 20, 2020.

Update: These directives were renewed by an order entered November 16, 2020.  They now expire December 14, 2020.   Chief Justice Cheri Beasley entered an omnibus order on Thursday, October 15, 2020 extending emergency directives issued in response to the public health threat posed by COVID-19, which otherwise would have expired on that date. The order extends Emergency Directives 2-5, 8-15, 18, and 20-22.  It also modifies directives 2, 10, 21, and 22. These directives (discussed in further detail below) now expire November 14, 2020. Emergency Directive 2. This directive requires the posting of notices at court facilities directing that any person who has likely been exposed to COVID-19 should not enter the courthouse. The latest iteration of this directive redefines who is “a person who has likely been exposed to COVID-19.” It adds as a symptom “loss of smell and/or taste,” clarifies that exposure to or diagnosis of COVID-19 is relevant only if it occurred in the last fourteen days, and removes the reference to recent international travel. The Administrative Office of the Courts (AOC) has revised the “Do not Enter Courthouse if Exposed to COVID-19” sign to conform to the amended directive. Emergency Directive 3. This directive (discussed in more detail here) authorizes judicial officials to conduct proceedings that include remote audio and video transmissions notwithstanding other provisions of law. Emergency Directive 4. This directive provides that attorneys and other persons who do not have business in a courthouse should not enter the courthouse and encourages attorneys to submit filings [...]