TheKentucky Supreme Court provides updates on how courts will expand services starting June 1:
FRANKFORT, Ky., May 29, 2020 — On May 15, the Supreme Court announced the court system’s reopening plan, which provides guidance on how the Judicial Branch will gradually expand court services starting June 1. As a follow-up to the initial order, the Supreme Court released six orders today that offer further direction to the courts and the public about court operations on June 1.
“As the Judicial Branch carefully expands court services, we want to proceed with the utmost care,” Chief Justice of Kentucky John D. Minton Jr. said. “I appreciate the patience of the legal community, the public, and court officials and personnel as we work to ensure that greater access to the courts and public safety go hand in hand.”
The six orders entered today are described below.
Health and Safety Requirements for the Expansion of Operations
Administrative Order 2020-43, dated May 29, 2020, replaces in its entirety Administrative Order 2020-39, dated May 15, 2020. This order updates the Health and Safety Requirements for the Expansion of Operations. It is effective June 1, 2020, and the highlights are below:
Clarifies that remote proceedings should be scheduled through the judge’s office.
Clarifies that individuals who are exhibiting symptoms of COVID, are in quarantine, or have been diagnosed with COVID must be allowed to participate remotely.
Expands entrance to court facilities to individuals seeking orders under KRS 222.430 et seq. (Casey’s law) and involuntary commitments under KRS Chapter 202A and KRS Chapter 645; individuals attending judicial sales; attorneys or parties to a case who need access to a physical case file and have scheduled an appointment with the local Office of Circuit Court Clerk; and, after June 15, 2020, other individuals who need access to a physical case file and have scheduled an appointment with the local Office of Circuit Court Clerk.
Allows for resumption of limited driver’s licenses services as of June 1, 2020, as provided in Kentucky Transportation Cabinet Order 2020-215.
Encourages collaboration between clerks and judges to ensure there is sufficient staffing to cover in-person dockets.
Clarifies that facial coverings are required for attorneys and that facial coverings must be worn in any location where court proceedings are being held.
Clarifies the process for submitting local protocols.
Provides an email address where concerns regarding application or implementation of the Order may be submitted.
Expansion of Court Proceedings
Administrative Order 2020-44, dated May 29, 2020, replaces in its entirety Administrative Order 2020-40, dated May 19, 2020. This order updates the Expansion of Court Proceedings, which previously only addressed the postponement of jury trials and grand juries. The order is effective June 1, 2020, and the highlights are below:
Adds new sections for Civil Matters, Family Matters, and Criminal Matters, with specific guidance on evictions, judicial sales, child support, show cause dockets, and bench warrants.
Clarifies that eviction proceedings that are not subject to state or federal moratoriums and are not related to non-payment of rent for residential properties may be filed as of June 1, with the required Verification of Compliance form.
Allows judicial sales to proceed as of June 1, subject to the health and safety requirements in Administrative Order 2020-43.
Gives priority in child support matters to cases that are determining paternity; cases establishing initial child support obligations; cases that are being reopened; and cases in which the obligee’s only financial support is income from employment or unemployment benefits, maintenance support, non-public benefits, or child support. All other child support cases are continued until after October 1, 2020.
Suspends all show cause dockets for payment of fines and court costs until November 1, 2020.
Clarifies that judges should continue to issue summonses in lieu of bench warrants, unless the judge has good cause to believe a defendant will not appear voluntarily upon a summons or notice to appear.
Emergency Release Schedule Order
Administrative Order 2020-45, dated May 29, 2020, replaces in its entirety Administrative Order 2020-27, dated April 23, 2020. This order revises the Emergency Release Schedule for Pretrial Defendants and Emergency Pretrial Drug Testing Standards. It has been extended until further order of the court and the highlights are below:
Deletes the failure to appear and contempt provisions that were in the previous order.
Permits pretrial drug testing providers to resume urine drug testing, subject to the Healthy at Work requirements for similar businesses.
Custody and Parenting Time Order, Flexible Staffing Guidelines for Court Clerks Order, Special Emergency Directed Leave Order
The only change to these three orders is that the effective dates have been extended until further order of the court. There are no other substantive changes.
Amended Parenting Time Order: Administrative Order 2020-46, dated May 29, 2020, replaces in its entirety Administrative Order 2020-32, dated May 5, 2020.
Amended Flexible Staffing Order: Administrative Order 2020-47, dated May 29, 2020, replaces in its entirety Administrative Order 2020-23, dated April 14, 2020.
Amended Special Directed Emergency Leave Order: Administrative Order 2020-48, dated May 29, 2020, replaces in its entirety Administrative Order 2020-24, dated April 14, 2020
This just in from the Kentucky Bar Association on Jury Trials:
Supreme Court provides guidance on jury trials as courts plan to gradually expand operations starting June 1
FRANKFORT, Ky., May 19, 2020 — Today the Supreme Court provided guidance on jury trials in Administrative Order 2020-40, dated May 19, 2020, and effective June 1, 2020. The complete order can be found here and the highlights are below:
Jury trials shall be postponed and rescheduled for no sooner than August 1, 2020.
Grand jury proceedings may begin effective June 1, 2020.
Cases where the 60-day period in RCr 5.22(3) or an extension thereof was tolled by operation of Administrative Order 2020-28 must be presented to the grand jury on or before July 30, 2020.
Existing grand jury panels may be extended at the discretion of the court, subject to the 20-day limitation set out in AP Part II, Sec. 19(3).
If an existing grand jury panel cannot be extended, the order provides guidance on how to orient a new jury panel.
Jurors who are ill, caring for someone who is ill, in a high-risk category, unable to wear a facial covering, or who will suffer further economic loss as a result of jury service shall have their service postponed or excused.
Strict health and safety requirements – including mandatory use of facial coverings by jurors, social distancing and disinfecting – must be followed for all grand jury proceedings.
On May 15, the Supreme Court issued Administrative Order 2020-39, which highlighted the health and safety requirements for expanding court operations beginning June 1. The Supreme Court will address other legal matters, such as evictions, in subsequent orders as the Judicial Branch’s three Reopening Task Forces continue to meet and make recommendations.
You can find ongoing court updates on the COVID-19 and the Courts webpage.
About the Supreme Court
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.
Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm of the state court system. The AOC supports the activities of nearly 3,400 court system employees and 406 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.
This just in on reopening the Courts in a limited fashion:
Judicial Branch announces plan to resume limited in-person court services starting June 1
FRANKFORT, Ky., May 15, 2020 — Two weeks after announcing that the Judicial Branch had formed three task forces to determine how to gradually resume in-person court services, the Supreme Court has released its reopening plan.
“Our priority is to implement a limited, phased reopening that will allow greater access to the courts while keeping court personnel and the public safe through social distancing and other precautions,” Chief Justice of Kentucky John D. Minton Jr. said in an email today to the justices, judges, circuit court clerks and court personnel who serve the Judicial Branch.
Supreme Court Order Expanding Court Operations
Health and Safety Requirements for the Expansion of Operations can be found in Supreme Court Administrative Order 2020-39, dated May 15, 2020, and effective June 1, 2020. The directives are extensive and the main points are here:
Courts may resume hearing all civil and criminal matters.
All hearings should be conducted remotely, unless the judge determines that an in-person hearing is necessary.
If a matter requires an in-person hearing, several safety precautions must be observed, including limiting courtroom capacity, social distancing, facial coverings and frequent disinfecting of public spaces.
Entrance to court facilities is limited to individuals with a scheduled in-person hearing and those filing emergency protective orders, interpersonal protective orders and emergency custody orders.
All Kentucky Court of Justice officials and employees and all members of the public entering a court facility must wear a facial covering.
Members of the public are prohibited from bringing purses or similarly enclosed bags into court facilities, unless items in the bags are medically necessary.
Telework will be encouraged for any employee who is able to do so.
Staffing will be limited to 50%, unless an exception is granted by the Department of Human Resources.
“Producing the reopening plan took an intense effort,” Chief Justice Minton said. “I want to thank the three Supreme Court justices for their work on this unprecedented assignment: Deputy Chief Justice Lisabeth T. Hughes, chair of the Circuit Court Task Force; Justice Debra Hembree Lambert, chair of the Family Court Task Force; and Justice Michelle M. Keller, chair of the District Court Task Force.
He said that in addition to the reopening order, the Supreme Court will issue specific guidance on driver’s license services and certain court matters, such as evictions and jury service, in the coming days.
Health and Safety Requirements for Court Personnel
The Administrative Office of the Courts has also produced a detailed guide to help the elected officials and non-elected court personnel implement the required health and safety measures. The Kentucky Court of Justice COVID-19 Health and Safety Requirements can be found here.
“As you know, the majority of court matters are not voluntary,” Chief Justice Minton said. “People can choose whether to eat at a restaurant or go shopping, but in most instances they don’t get to choose whether they go to court. We’re incorporating as many of the governor’s requirements as possible into our orders to maintain a high standard of safety for our employees, elected officials and the public.”
You can find ongoing court updates on the COVID-19 and the Courts webpage.
About the Supreme Court
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.
Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm of the state court system. The AOC supports the activities of nearly 3,400 court system employees and 406 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.
For all Fayette County cases, this was just released today by our Judges.
Kentucky Family Courts are now closed until 5/31 except for domestic violence and temporary child support hearings. We had our first video adoption today though! (thanks to Judge Morgan, her terrific staff, and Trina Burnell Huston!) Sure, it wasn’t as fun as it would’ve been in person, but we gave great peace, happiness, & closure to a brand new family today.
Some of our judges are moving to video hearings on more than just adoptions. With this latest closure, I am hopeful that more judges will be brave and do the same. We will definitely have some bumps along the way but from the attorneys in jurisdictions that have embraced the video hearings, it gets smoother with each case.
