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Law360 (March 24, 2020, 5:48 PM EDT ) Citing a need to improve social distancing measures, California Chief Justice Tani G. Cantil-Sakauye suspended all superior court jury trials for 60 days Monday in response to the COVID-19 outbreak.
The Golden State's top judge said that many courts are unable to comply with the recommendations of health officials for stringent social distancing practices that put six feet between individuals.
"Courts cannot comply with these health restrictions and continue to operate as they have in the past," she said in an order. "Court proceedings require gatherings of court staff, litigants, attorneys, witnesses, and juries, well in excess of the numbers allowed for gathering under current executive and health orders."
The order leaves open the possibility for trials to be held before the expiration of the 60-day window through use of remote technology, when appropriate. It also allows courts to adopt rules or amendments to protect against the spread of COVID-19, without first circulating those changes for public comment.
The function of the order is to ensure that the courts get their social distancing requirements up to speed while remaining open as "essential services" under the statewide stay-home order, she said.
The order notes closures of other civic institutions have impacted the courts as well.
"Even if court facilities could allow for sufficient social distancing, the closure of schools means that many court employees, litigants, witnesses, and potential jurors cannot leave their homes to attend court proceedings because they must stay home to supervise their children," Chief Justice Cantil-Sakauye said. "These restrictions have also made it nearly impossible for courts to assemble juries."
Earlier this month, Chief Justice Cantil-Sakauye issued a statement that the authority to "adjust or suspend court operations" rests with local court leadership. She added that the courts were 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 March 13 statement said.
The first community-spread illness was reported in Solano County on Feb. 28, according to the Department of Public Health. In Monday's order, Chief Justice Cantil-Sakauye noted that the Department of Public Health reports more than 1,700 confirmed cases and more than 30 deaths in California.
--Additional reporting by Dorothy Atkins. Editing by Peter Rozovsky.
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