Friday, March 13, 2020

How will courts operate in this time of social distancing?

Consider the example Wisconsin is setting (reported in the Wisconsin State Journal):
Under an order signed Thursday by [Dane County] Circuit Judge Valerie Bailey-Rihn, judges will hold more hearings by telephone or video conference, or will postpone them entirely, to reduce the potential for exposure to the virus...

“This is really uncharted territory,” Bailey-Rihn said. “A lot of thought has gone into these, balancing the functioning of the court with the safety of jurors, lawyers, litigants and others.”...
• In civil, small claims and family cases, all contested matters requiring in-person appearances — such as jury trials, small claims and custody and placement hearings — are suspended. Any hearing that can be done by phone, though, will proceed as scheduled.

• In criminal cases, any proceeding, including trials, involving a defendant who is not in custody may be rescheduled or held by telephone or video conference. Proceedings involving defendants who are in jail will go on as scheduled....
Bailey-Rihn said if it comes to the point that closing the courthouse appears necessary, that decision would be made in consultation with other stakeholders, such as the state and county. In that instance, she said, plans would be made to operate remotely as much as possible....

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