In Re Response to Covid-19 Pandemic

2020 Ark. 116

• Court: Supreme Court of Arkansas
• Decided: March 17, 2020
• Status: Published

Opinion

Digitally signed by Susan Williams Reason: I attest to the accuracy Cite as 2020 Ark. 116 and integrity of this document SUPREME COI.IRT OF ARKANSAS Date: 2023.07.12 13:58:57 -05'00' Delivered: March 17, 2020 IN RE RESPONSETOTHE COVID_19 PANDEMIC

PER CURIAM

In response to the ongoing COVID-19 pandemic, the Supreme Court ofArkansas is

implementing emergency precautions to help protect the public from unnecessary risks. On

March 1 1,2020, Governor Hutchinson declared a public health emergency for our state. On

March 13, 202O,a nacronal emergency was declared following rhe classification of COVID-

19 as a pandemic. On March 15,2020, the U.S. Centers for Disease Control and Prevention

recommended against gatherings in groups of 50 or more people for the next 8 weeks.The

President's March 16,2020, guidelines call for the public to avoid social garherings in groups

of more than 10 people for the next 15 days. In response, the Supreme court ofArkansas

announces the implementation of the following precautionary measures ro combat the

spread ofthe disease to the public and the employees ofthe Arkansas judiciary

The courts of the State ofArkansas shall remain open. Nevertheless, pursuant to this

Courti consticutional superintending authority to supervise the administracion of the state

judicial system, the Supreme court of Arkansas hereby suspends all in-person proceedings

in all appellate, circuit, and dist,ct courts, subject to the exceptions in this order. The suspension will last from Wednesday, March 18, 2020, through Friday, April 3,2020, and mzy

be adjusted by order of this courr as circumstances warrant.

The suspension of in-person judicial proceedings is subject to the following

exceptions:

. Proceedings necessary to protect the constitutional rights ofcriminal defendants and juveniles, including, but not limited to, criminal inirial appearances; probable-cause hearings; speedy trial; cases in which victims are under fourteen years ofage;juvenile probable cause hearings; juvenile detention hearings; and hearings on wrirs ofhabeas corpus;

. Proceedings in which civil or criminal jury trials are already in progress as of March 17,2020;

. Proceedin$ pertaining to relief from abuse, including but not limited to, orders of protection;

. Proceedin$ related to emergency child custody orders;

. Proceedin$ related to probable cause, emergency child placement, and ICWA in dependency-neglect proceedings;

. Proceedin$ related to petitions for temporary restraining orders or other forms of temporary injunctive relief;

. Proceedin$ related to adult protective services and emergency mental health orders;

. Proceedings for emergency guardianship or conservatorship;

. Proceedings directly related to the COVID-I9 public health emergency;

. Oral arguments regarding time-sensitive matters; and

. Other exceptions approved by the ChiefJusrice.

Judges shall be responsible for ensuring that core constitutional functions and rights

are protected. For criminal trials, in light of the public health emergency, any delay for

speedy-trial purposes during this time shall be deemed to presumprively constitute good

2 cause under Arkansas Rule of Criminal Procedure 28.3(h).The Administrative Judge of each

judicial circuit is authorized to determine the manner in which the in-person exceprions

are to be implemented. Any civil proceedings conducted in person shall be limited to the

attorneys, parties, witnesses, securiry officers, a press-pool representative, and other

individuals necessary to the proceedings as determined by the judge presiding over rhe

proceedings. In criminal matters, thejudge shall continue to protect the defendant's right to

public trial. The judge presiding over rhe in-person proceedings shall exercise his or her

discretion in excusingjurors or orher individuals who shall nor appear as a result of COVID-

1,9.

All judges and court clerks are encouraged to utilize all available technologies-

including facsimile machines, e-mail, teleconferencing, and video conferencing-to

continue handling judicial matters and [urther limit in-person courtroom appearances. Any

criminal or civil rules that would impede a court clerk or judget abiliry to utilize such

technologies are hereby suspended until Friday, April 3, 2020, and may be extended by order

of this court as circumstances may warrant.

Any summonses for persons ro parricipate in jury panels are hereby suspended until

Friday, May 1,2020. All oral arguments before the Arkansas Supreme Court and Arkansas

Court ofAppeals are hereby canceled.

This order does not affect a court's abiliry to consider or rule on any matter that does

not require an in-person court proceeding. Likewise, this order does not affect any required

filing deadlines. During the suspension, court clerks should consider adopting measures for

ensuring timely filings by pro se lirigants who lack access to Arkansast e-filing system.

., Despite the suspension of in-person court proceedings, Arkansas courts still must

continue to carry out the core, constitutional functions of the Arkansas judiciary as

prescribed by law and continue to uphold the constitutional rights of litigants seeking redress

in any Arkansas court. Each Administrative Judge should work with local law enforcement

and county agencies to ensure that, to the extent possible, courthouses remain accessible to

carry out essential constitutional functions and time-sensitive proceedings.

If it becomes necessary to close any courthouse during the suspension period, the

Administrative Judge shall develop procedures for ensuring the court remains accessible by

telephone and e-mail to the extent possible during regular business hours. The Supreme

Court of Arkansas should be notified immediately of the closing of any courthouse, and

notice of such closings should be disseminated to the local media and posted on the

courthouse doors. Judiciary closings, cancellations, and changes may be viewed here:

https://www.arcourts.gov/news/judiciary-closings-cancellations-changes

Notice shall be provided in all cases, civil and criminal, of possible exposure to

COVID-19. If an attorney or party reasonably suspects (erring on the side of caution) that

a hearing, trial, or deposition was attended by someone infected with COVID-19, or a

person who has been in contact with an infected person within fourteen days, they shall

immediately give notice to the court and all parties. Furthermore, for the health and safety

of its employees, each court is instructed to post an order to the courthouse doors prohibiting

access to the premises for individuals that have been exposed to or are exhibiting symptoms

of COVID-19. The posting should list necessary contact information so that individuals not

authorized to enter the premises may have remote access to court staff.

4 Additionally, any nonessential travel by judicial employees for work-related functions

is hereby suspended. This includes travel for purposes of participating in Supreme Court

committee meetings. If possible, such meetings should be conducted by teleconferencing or

rescheduled to a later date.

This order is to be interpreted broadly for protection of the public from the risks

associated with COVID-19.This order applies statewide to all courts and court clerks'offices

except administrative courts ofthe executive branch, Gderal courts, and federal court clerks'

offices in Arkansas.

It is so ORDER-ED.

FORTHE COUI{T:

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