Chief Justice Newby’s latest order extending emergency directives issued in response to the COVID-19 pandemic became effective on Saturday. This post reviews the order and the directives therein, which have been extended for 30 days. The preamble. Chief Justice Newby stated that his ongoing evaluation of the pandemic might result in the expiration or modification of emergency directives, the issuance of new directives, or both. His current plan is to extend the emergency directives that are currently in place until the public health threat posed by the COVID-19 pandemic has subsided. The Chief Justice reiterated his commitment to the state constitutional requirement that courts be open and that justice be administered without favor, denial, or delay. The directives. The order, entered February 12 and effective February 13, extends Emergency Directives 2, 3, 5, 8, 11, 12, 14, 15, and 21 for 30 days. All of the directives were renewed without any substantive modification. 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. Emergency Directive 3. This directive authorizes judicial officials to conduct proceedings that include remote audio and video transmissions. Remote proceedings must safeguard a defendant’s constitutional rights to confrontation and to presence, maintain required confidentiality, be recorded when required, and allow parties to communicate fully and confidentially with their attorneys. Emergency Directive 5. This directive permits verification of pleadings and other documents by affirmation of the subscriber. Emergency Directive 8. This directive provides that magistrates [...]
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