Judicial Emergency Extended 30 Days as Courthouses Prepare to Resume Most Operations

Georgia’s chief justice is extending the Supreme Court’s statewide judicial emergency for another 30 days in response to the COVID-19 pandemic.

Chief Justice Harold Melton said the new order forecasts “a more robust opening” of Georgia’s courts, but also gives them time to prepare “to operate more fully as long as they can provide for the safety of all involved.” Under the terms of the new order, “We will still be significantly restricted,” he added.

The original order was issued in March.

Extending the statewide judicial emergency comes even though Gov. Brian Kemp signed a new executive order Thursday ending shelter-in-place requirements for residents and visitors 65 or older, allowing conventions, and eliminating other restrictions in place since April. 

But Melton said the courts are proceeding cautiously because they’re different from other public venues. “When courts operate, they require attendance of people to be there,” he said. “Jurors are required to be there when we issue jury summonses. Parties are required to be there or face a risk of their cases being compromised.”

The new order lays out a plan that as of July 14 will reimpose many legal deadlines on litigants in civil and criminal cases and in administrative actions that have been suspended, tolled, or extended since March.  J ury trial and most grand jury proceedings will remain suspended, and jury proceedings are unlikely to begin until August or later, the order said.  Deadlines imposed on courts, however, will also remain suspended because of the current backlog of pending cases, the order said.

Melton has established a pandemic task force that is currently working with lawyers’ organizations, judicial councils, clerks’ offices and other “critical stakeholders” across the state to begin restoring court operations suspended as the coronavirus swept through Georgia. The task force is headed by Fulton County Superior Court Judge Shawn LaGrua, past president of the state Council of Superior Court Judges.

“Their mission is to talk about best practices, identify solutions to logistical questions, identify alternatives about how to operate when we open,” he said. “They are basically working in anticipation for what the courts will look like post-COVID.”  That will include the safe resumption of jury trials and grand jury proceedings, according to Friday’s order.

The  state Judicial Council on Friday published guidelines for reopening that outline general practices to ensure the health and safety of court employees and the public. The guide includes general infection control measures the courts should undertake, including limiting room capacity, temperature screening at entry, requiring all employees and the public to wear masks inside court facilities, staggered scheduling, and continued use of virtual hearings via Zoom, YouTube or Facebook. 

Melton issued a series of orders last month lifting most filing deadlines for cases pending before the Supreme Court of Georgia, which has been hearing oral arguments remotely. 

In Atlanta, Fulton County Superior Court Chief Judge Christopher Brasher said Fulton County will implement those measures Monday and prepare for expanded in-court proceedings in what he called a “soft opening.”  Those guidelines establish procedures for admission to courthouse facilities that mirror those recommended by the state judicial council. 

Brasher said Fulton County has been working since May to establish operating guidelines governing courthouse entry for the public and employees, how to begin bringing county jail inmates back to court, and how to reinstate grand juries and jury trials.

“We want everybody who comes into the courthouse … to know we had everybody tested; nobody here is positive,” he said.

Protective barriers have also been installed in offices and in courtrooms where staff interact with the public.

Three weeks ago, court personnel walked through the courthouse with a doctor from the county board of health and secured an extensive list of health safety recommendations that Brasher said have now been put in place.

“There won’t be a dramatic uptick in the number of proceedings next week,” the chief judge said. “We wanted to implement all the safeguards so we can begin ramping up.”

Calendar calls of cases have not been reinstated. “Our paradigm for the foreseeable future is much smaller proceedings,” he said. Social distancing marks placed on courtroom benches and courtrooms designed to hold 60 people will now be limited to about 20. Elevators will be limited to four people at a time, and sheriff’s deputies are empowered to enforce social distancing requirements, he said.

Brasher said that court operations never completely shut down. “We have had multiple proceedings from the jail occurring every day via Zoom,” he said. “Each judge is doing their own civil proceedings via Zoom as well. It’s ubiquitous now.”