Presiding EDC Superior Court Judge Suzanne Kingsbury talked about the complex issues faced by the courts due to impact of the COVID-19 pandemic.  After state and national state of emergency orders were declared in March of 2020, Governor Newsom issued an executive order later in month requiring all Californians to stay at home except for limited exemptions.  Schools were closed statewide but courts were excluded from this requirement.  In addition, health agencies recommended increasingly stringent social distancing measures between people and encouraged vulnerable individuals to avoid public places.

 

These health restrictions made it impossible for the courts to operate as they have in the past.  None of El Dorado County’s courthouses is set up to allow for appropriate social distancing, especially in public spaces. Many employees, litigants, witnesses and potential jurors cannot leave their homes to attend court proceedings due to the necessity of having to supervise their children at home caused by the school closures.

 

On March 23, 2020, Chief Justice Tani Cantil-Sakauye (also chair of the Judicial Council), balancing the constitutional due process rights of parties in criminal and civil cases with the safety of persons present during proceedings, issued a temporary emergency order in response to the pandemic. The order included the suspension of in-person jury trials for 60 days, allowing for the use of remote technology when appropriate, extending statutory deadlines for trial dates, and allowing courts to adopt proposed rules or amendments (addressing the impact of the pandemic) to take effect immediately.