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Law360 (August 12, 2020, 9:12 PM EDT ) New Jersey judiciary officials warned Wednesday that they may halt their state courthouse reopening plan or even revert to all-remote operations as they keep an eye on the fast-changing coronavirus outbreak raging across the nation, even though infections have largely flattened in the Garden State.
Nearly two months after kicking off the second phase of the reopening plan, the state court system might hold off on increasing in-person proceedings or shutter courthouse doors to the public entirely while the judiciary navigates a crisis that officials said requires "agility and adaptability," according to a notice to the bar.
If "public health trends" and other factors "suggest that such greater on-site presence would present untenable risks to judges, court employees and court users, then the judiciary would instead hold steady in Phase 2 — or, conceivably, even revert to Phase 1 (fully remote operations)," the notice said.
"Any statewide decision to move forward, or to move back, will be made by the chief justice and the administrative director in consultation with the assignment judges and trial court administrators," the notice said.
As of Wednesday afternoon, the pandemic has led to 185,938 positive cases in the state, with 14,046 confirmed deaths resulting from the novel coronavirus and 1,839 probable deaths, state officials said. State court proceedings have largely been conducted via telephone or video during the crisis.
Under the second phase of the judiciary's reopening plan, which started June 22, certain events that can't be held remotely may occur in person, and 10% to 15% of judges and staff are allowed on site, judiciary officials said.
In the third phase, in-person proceedings would gradually increase, including new jury trials, and up to 50% to 75% of judges and staff will be permitted on site, officials said.
Wednesday's notice clarified two issues related to court operations under the reopening plan.
Judiciary officials explained that, besides matters in which parties must consent to proceed remotely, "judges may determine to schedule an in-person event based on the individual facts and circumstances of a case."
Secondly, the percentage framework of judges and staff "may be adjusted based on the fluid nature of the evolving COVID-19 crisis," officials said. On a particular day in the second phase, more than 10% to 15% could be on site, while less than 10% may work on site on other dates, officials said.
"Consistent with public health recommendations, court operations that can be performed remotely should be conducted remotely, subject to ongoing adjustment," officials said.
The judiciary also noted that court operations might have to be adjusted on a county or vicinage basis, such as resulting from local virus-related restrictions.
Among other factors, officials said they are monitoring "the statewide transmission rate and reports of local flare-ups or new clusters of COVID-19 cases, including those arising from crowded gatherings convened in contravention of current executive orders," referring to Gov. Phil Murphy's virus restrictions.
"In addition to staying abreast of statewide pronouncements, the judiciary recognizes the potential for emergency declarations by individual counties," officials said. "While that situation to date has not occurred, restrictions on movement within a city or municipality could have a significant effect on vicinage-level court operations."
--Editing by Stephen Berg.
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