Emergency Directives Again Renewed; Legislation to Permanently Authorize Remote Hearings Passes Senate

Chief Justice Paul Newby issued an order on Friday, effective today, extending emergency directives currently in place for an additional thirty days to in light of the ongoing COVID-19 pandemic. The preamble. Chief Justice Newby restated 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 again 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 April 9 and effective April 12, 2021, extends Emergency Directives 2, 3, 5, 8, 11, 12, 14, 15, and 21 for 30 days. All of the directives were renewed without 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 must continue to perform marriage ceremonies in suitable locations [...]