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Law360 (March 13, 2020, 10:29 PM EDT ) Nearly all California state and federal courthouses remained open Friday, with some implementing new restrictions, as lawmakers warned of the growing community spread of the new coronavirus in the Golden State and President Donald Trump declared a national emergency.
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As of Friday, there were 247 cases of COVID-19 and five deaths in California, according to the latest statistics published by the California Department of Public Health. Of those, 56 cases arose through community spread of the virus in eight California counties — Riverside, San Francisco, Solano, Yolo, San Mateo, Santa Clara, Contra Costa and Sacramento County — and 50 other cases are still under investigation.
As of Friday afternoon, however, only Contra Costa County Superior Court announced that it will close until April 1 due to the coronavirus. The statement said the closure will have the effect of being a public holiday as far as statutory or other timelines are concerned.
Santa Clara County Superior Court also announced that it would reschedule civil jury trials, except for ongoing trials, and most criminal trials until April 5.
Similarly, Solano County Superior Court said it is suspending all civil and nonpriority criminal jury trials until March 31, while Yolo County Superior Court suspended those trials to May 4. However, both courts said they will remain open for all other business and court appearances.
On Friday, Los Angeles County Superior Court also suspended civil and criminal jury trials for at least 30 days and all preference jury trials for at least 15 days starting Monday. Additionally, the court limited jury panel requests for the next 30 days due to concerns about juror availability.
Meanwhile, the rest of the state and federal courthouses remain open, although many courthouses are placing tighter restrictions on who can visit.
The California Supreme Court, the intermediate state appeals courts and most trial courts across the state, including state courts in San Francisco and Sacramento, said there are no changes to normal court operations as of Friday afternoon. However, they asked that anyone who is sick or has flu-like symptoms to stay home.
Riverside, San Mateo and Solano county superior courts are also keeping courthouse doors open, but they noted that they've implemented additional cleaning protocols in high-traffic areas to reduce the potential spread of the virus.
San Mateo County Superior Court added that the state judges are working with counsel to reduce the need for jurors, but that the court has a "constitutional duty to remain open."
A representative from Sacramento County Superior Court, which is currently still open, told Law360 that starting Monday, the court will break prospective juror groups into four smaller groups, with two groups arriving in the morning and two scheduled to arrive in the afternoon. The court is also considering suspending certain trials, the representative said.
Meanwhile, California district courts will remain open, but they are requiring individuals with flu-like symptoms to either notify the court before they visit the courthouse or to stay home.
The Eastern District of California is also prohibiting anyone who's been diagnosed with the virus and anyone who visited China, South Korea, Japan, Italy or Iran in the past two weeks from visiting. The restriction applies to anyone who has had close contact with those individuals as well.
The Ninth Circuit has moved its upcoming Seattle hearings to Pasadena, California. The court also noted that it has limited staff and advised individuals to email any questions as opposed to calling.
At the state court level, there appeared to be confusion over who exactly could make the call to shut down the courthouses.
Los Angeles County Superior Court Presiding Judge Kevin C. Brazile said in a statement Friday that the authority to close courts rests with California Chief Justice Tani G. Cantil-Sakauye "and/or" the governor.
However, Chief Justice Cantil-Sakauye issued a statement Friday saying the authority to "adjust or suspend court operations" rests with local court leadership. She added that the courts are working closely with local, county, state and federal health departments to respond to the coronavirus.
"Although the extent of the pandemic is unknown at this time, California's courts will continue to do what they do best: balancing public safety and health while protecting liberty and due process," the statement said.
The first community-spread illness was reported in Solano County on Feb. 28, according to the Department of Public Health. As of Friday, approximately 11,400 people were "self-monitoring" after returning to the U.S. from travel, the department said.
--Additional reporting by Andrew Kragie. Editing by Bruce Goldman.
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