COVID-19

From California Criminal Law Wiki
Jump to navigation Jump to search

Thanks to Douglas Feinberg, Laura Sheppard, Chuck Sevilla, Theresa Heinkel, Keri Klein, Dana Gross, Bob Marshall, Michelle Pena, Carolyn Woodall, and many more, for contributions I've solicited, or things I've stolen.

John Hopkins COVID-19 map, viewable by state only, not by county

COVID-19 dashboard, selectable by county

Some general information

Judicial Council guides

Chief Justice's statements


Governor's Orders

Bail motion

File:Sample Covid Bail Motion SFPD.doc

Speedy trial right cases

CDCR

Board of Parole Hearings

  • Observers will not be permitted at parole consideration hearings.
  • Victims and victims’ next of kin who choose to participate in parole consideration hearings must appear for the hearing by telephone or videoconference.
  • Representatives from the prosecuting agency who choose to participate in parole consideration hearings must appear for the hearing by telephone or videoconference.

Visiting

County-specific information

Red text indicates court closed, with exception of essential and emergency hearings. Blue text indicates some limited response, such as continuing jury trials. Green text indicates court has not initiated any substantial action other than suggesting staying away. Black is usually unknown.

If information isn't linked and isn't indented, the information source is not a press release or website, but instead local attorneys informing me.

Order of counties is by population size.

Los Angeles County

San Diego County

Orange County

Riverside County

San Bernardino County

Santa Clara County

  • File:General Order Re Implementation of Emergency Relief -2 3.18.20.pdf - Presiding Judge's Implementation Order
  • GC68115 order #3
  • GC68115 order #2
  • Court website as of 17 March 2020
  • Shelter-in-place order under HSC120295
  • South County Court will be closed.
  • Palo Alto Court will be closed
  • Case management departments will be closed
  • No Trial Setting Calendars
  • No After Arraignment Calendars
  • D42 in-custody cases will continue
  • D24 Felony Arraignments on Information will continue
  • Out of custody DV cases (in DV depts) will continue
  • In Custody, Time not waived PX’s or Trials cases from Palo Alto and South County will be heard at HOJ
  • The only cases that will be heard from the case management departments are Preliminary Hearings and in custody arraignments in D23
  • The court will only handle emergency review hearings for mental health cases.
  • March 17, 2020 1:30 in D29 with Judge Nishigaya. He will handle the special calendar set aside to reduce jail population by addressing the stipulated early release matters. Judge Nishigaya will take this calendar over from Judge Geffon. There are approximately 200 inmates that will likely be released with DAO cooperation.
  • All but one department will be open in Juvenile Court.
    • All review hearings will be postponed
    • The court will only hear detentions, jurisdictional hearings, dispositions
    • Appearances by minors and their families will be waived and telephonic appearances can occur instead.
  • Santa Clara GC68115 order #1
  • Court COVID-19 website
  • Many matters are being rescheduled. Check [1]
  • TROs extended by 21 days. [2]

Alameda County

Sacramento County

Contra Costa County

Fresno County

Kern County

San Francisco

Ventura County

San Mateo County

San Joaquin County

Stanislaus County

  • Court closed March 23 to April 16
    • Criminal arraignments will be heard daily
    • No Time Waiver (NTW) preliminary hearings will be heard
    • The Court will reschedule:
      • All time waived jury trials
      • All time waived preliminary hearings
      • All pretrials, law and motion hearings, and miscellaneous hearings
  • Press Release

Sonoma County

Tulare County

  • March 18 Memorandum about court schedules
  • GC68115 order
    • In effect from March 17 to April 16
  • 16 Mar 2020 Press Release
    • All time-waived misdemeanor jury trials currently set between Tuesday, March 17 and Friday, April 17, 2020, will be continued;
    • All time-waived felony jury trials currently set between Tuesday, March 17 and Friday, April 17, 2020, will be continued;
    • All civil trials currently set between Tuesday, March 17, and Friday April 17, 2020, will be continued;
  • Court website

Santa Barbara County

Solano County

Monterey County

Placer County

San Luis Obispo County

Santa Cruz County

Merced County

Marin County

Butte County

Yolo County

El Dorado County

Imperial County

Shasta County

Madera County

Kings County

Napa County

Humboldt County

Nevada County

Sutter County


Mendocino County

Yuba County

  • Jury trials being postponed
  • DUI matters being continued

Lake County

Tehama County

San Benito County

Tuolumne County

Calaveras County

Siskiyou County

Amador County

Lassen County

Glenn County

Del Norte County

  • Court website as of March 19
    • Courts closed March 20 to April 1
    • All Civil and Criminal Trials are suspended through April 17, 2020.
    • Court reopens April 2nd for emergency and essential matters
    • No jurors until April 20

Colusa County

Plumas County

Inyo County

Mariposa County

Mono County

  • Court website
  • All criminal cases already arraigned continued until June.
  • Anyone over age 65, sick, or with weakened immune system to stay at home.

Trinity County

Modoc County

Sierra County

Alpine County

Federal District Courts and California appellate courts

California Supreme Court

First District Court of Appeal

Second District Court of Appeal

  • Court website as of March 18
    • An order was issued on March 16, 2020 suspending all in-person oral argument in Los Angeles.
    • Counsel will appear remotely via video conference, by telephone conference, or by other electronic means as available and arranged by the Clerk's Office.

Third District Court of Appeal

  • Court website as of March 19
    • Effective immediately and until further notice, all oral arguments will be telephonic.
    • If you are scheduled for oral argument, please call the Clerk’s Office and provide a telephone number, preferably a landline, where you can be reached. The prescribed $20.00 fee for telephonic oral argument will be waived in this instance.

Fourth District Court of Appeal

  • GC68115 order
  • Court website as of March 20
    • Division One’s Clerk’s Office remains open, but staff will not be fielding in-person questions.
    • For all paper filings including emergency writs, if you are unable to file your papers electronically, you may use the drop-box located in the Clerk’s Office lobby.

Fifth District Court of Appeal

  • Court website as of March 18
    • At this time there are no changes to normal court operations
    • The Court has suspended all in-person oral argument.

Sixth District Court of Appeal

  • GC68115 order
  • Order by Presiding Justice
  • Misc Order 20-001
    • Oral arguments are suspended
  • Court website
    • "the building where the Sixth District Court of Appeal is located has closed to the public. Therefore, the court is not able to open the Clerk’s Office for regular business."
    • "The court will continue to receive correspondence and filings electronically."
    • "Access to the court by phone will be limited."
    • " For all paper filings including emergency writs, if you are unable to file your papers electronically, you may go to the Santa Clara County Superior Court, located at 191 N. First Street and deposit your papers in the drop box located at the right side of the first-floor lobby. "

Southern District of California

Central District of California

Northern District of California

Eastern District of California

Government Code 68115

(a) When war, an act of terrorism, public unrest or calamity, epidemic, natural disaster, or other substantial risk to the health and welfare of court personnel or the public, or the danger thereof, the destruction of or danger to the building appointed for holding the court, a large influx of criminal cases resulting from a large number of arrests within a short period of time, or a condition that leads to a state of emergency being proclaimed by the President of the United States or by the Governor pursuant to Section 8625, threatens the orderly operation of a superior court location or locations within a county or renders presence in, or access to, an affected court facility or facilities unsafe, the presiding judge may request and the Chairperson of the Judicial Council may, notwithstanding any other law, by order authorize the court to do one or more of the following:

(1) Hold sessions anywhere within the county.

(2) Transfer civil cases pending trial in the court to a superior court in another county. A transfer shall not be made pursuant to this paragraph except as follows:

(A) With the consent of all parties to the case, a pending civil case may be transferred to a superior court in any county.

(B) Upon a finding by the court that extreme or undue hardship would result unless the case is transferred for trial, a pending civil case may be transferred to any superior court in an adjacent county or to any superior court within 100 miles of the border of the county in which the court impacted by the emergency is situated. In addition to the foregoing, if a court is located within an area identified to be within the boundary of a state of emergency proclaimed by the Governor pursuant to Section 8625, a pending civil case may be transferred to any superior court within 100 miles of the outer boundary of the area proclaimed to be experiencing a state of emergency.

(3) Any civil case so transferred pursuant to paragraph (2) shall be integrated into the existing caseload of the court to which it is transferred pursuant to rules to be provided by the Judicial Council. This section does not affect a court’s authority under Section 69740.

(4) Declare that a date or dates on which an emergency condition, as described in this section, substantially interfered with the public’s ability to file papers in a court facility or facilities be deemed a holiday for purposes of computing the time for filing papers with the court under Sections 12 and 12a of the Code of Civil Procedure. This paragraph applies to the fewest days necessary under the circumstances of the emergency, as determined by the Chairperson of the Judicial Council.

(5) Declare that a date on which an emergency condition, as described in this section, prevented the court from either (A) conducting proceedings governed by Section 825 of the Penal Code, or Section 315, 334, 631, 632, 637, or 657 of the Welfare and Institutions Code, or (B) accepting the filing of petitions for purposes of Section 313 or 631 of the Welfare and Institutions Code, be deemed a holiday for purposes of computing time under those statutes. This paragraph applies to the fewest days necessary under the circumstances of the emergency, as determined by the Chairperson of the Judicial Council.

(6) Extend the time periods provided in Sections 583.310 and 583.320 of the Code of Civil Procedure to bring an action to trial. The extension shall be for the fewest days necessary under the circumstances of the emergency, as determined by the Chairperson of the Judicial Council.

(7) Extend the duration of any temporary restraining order that would otherwise expire because an emergency condition, as described in this section, prevented the court from conducting proceedings to determine whether a permanent order should be entered. The extension shall be for the fewest days necessary under the circumstances of the emergency, as determined by the Chairperson of the Judicial Council.

(8) Within the affected county during a state of emergency resulting from a natural or human-made disaster proclaimed by the President of the United States or by the Governor pursuant to Section 8625 of the Government Code, extend the time period provided in Section 825 of the Penal Code within which a defendant charged with a felony offense shall be taken before a magistrate from 48 hours to not more than seven days, with the number of days to be designated by the Chairperson of the Judicial Council. This authorization shall be effective for 30 days unless it is extended by a new request and a new order.

(9) Extend the time period provided in Section 859b of the Penal Code for the holding of a preliminary examination from 10 court days to not more than 15 court days.

(10) Extend the time period provided in Section 1382 of the Penal Code within which the trial must be held by not more than 30 days, but the trial of a defendant in custody whose time is so extended shall be given precedence over all other cases.

(11) Within the affected area of a county during a state of emergency resulting from a natural or human-made disaster proclaimed by the President of the United States or by the Governor pursuant to Section 8625 of the Government Code, extend the time periods provided in Sections 313, 315, 632, and 637 of the Welfare and Institutions Code, with the number of days to be designated by the Chairperson of the Judicial Council. The extension of time shall be for the shortest period of time necessary under the circumstances of the emergency, but the time period shall not be extended to more than seven days. This authorization shall be effective for 30 days unless it is extended by a new request and a new order. With regard to the time periods provided in Sections 632 and 637 of the Welfare and Institutions Code, this paragraph applies only if the minor has been charged with a felony.

(12) Within the affected county during a state of emergency resulting from a natural or human-made disaster proclaimed by the President of the United States or by the Governor pursuant to Section 8625 of the Government Code, extend the time period provided in Sections 334 and 657 of the Welfare and Institutions Code within which a hearing on a juvenile court petition shall be held by not more than 15 days, with the number of days to be designated by the Chairperson of the Judicial Council. This authorization shall be effective for 30 days unless it is extended by a new request and a new order. With regard to the time periods provided in Section 657 of the Welfare and Institutions Code, this paragraph applies only if the minor has been charged with a felony.

(b) The limitations on extensions of time provided for in subdivision (a) set forth the maximum respective extensions allowable from the time when the Chairperson of the Judicial Council makes a determination that circumstances warranting relief under this section exist. The limitations on extensions of time do not preclude the Chairperson of the Judicial Council, at the request of a presiding judge, from granting further extensions, up to the maximum permitted under the relevant paragraph, upon making a renewed determination that circumstances warranting relief under this section continue to exist.

Retrieved from "http://wiki.waylandchang.com/index.php?title=COVID-19&oldid=1617"