General Reopening of Courtrooms Won’t Take Place June 22

Monday, June 15, 2020

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General Reopening of Courtrooms Won’t Take Place June 22

As Epidemic Continues, Brazile Says Superior Court Will Resume Operations ‘Slowly and Carefully’; Projected Date for Mass Unlocking of Courtroom Doors Is Now July 9

By a MetNews Staff Writer

Reopening of about 400 closed Los Angeles Superior Court courtrooms and the resumption of hearings, slated to take place a week from today, on June 22, won’t occur then, under a general order issued by Presiding Judge Kevin Brazile, the latest in a series of sweeping decrees in response to the COVID-19 pandemic.

Under the order, released late Thursday, “time-sensitive, essential functions”—such as proceedings relating to emergency protective orders and preliminary hearings—will continue; other operations, such as those relating to probate, mental health, and juvenile matters will resume, on schedule; and some courtrooms, such as those handling writs and receivers matters, will reopen next Monday. However, the new target date for getting somewhat back-to-normal, court-wide, is now July 9.

When it will be that criminal trials—which will have precedence over civil trials—will actually resume is unknown, and it appears that earlier prognostications by judges that civil trials will not take place this calendar year were accurate.

Clerk’s offices, which have been closed since March 23, will reopen today, as previously announced. Appointments will be required for in-person transactions.

Remote Appearances

In a preface to the order, Brazile noted:

“While the Court has vigorously implemented technology to facilitate remote proceedings, many counsel and parties are not yet willing to forego in-person hearings.”

The order provides:

“Judicial officers retain the discretion to require the use of technology for remote appearances for the duration of this general order.”

In a March 23 order, Brazile said:

“Access to any and all Los Angeles County Courthouses shall be restricted at all times to judges, commissioners, court staff and authorized persons until further notice.”

Authorized persons included members of the news media. In Thursday’s order, Brazile opened courtroom proceedings to “members of the public (including news reporters and news media representatives)” but only so many “as can be accommodated in the designated courtroom while enforcing social distancing.”

Wearing of face coverings in courthouses remains a requirement.

Brazile’s Statement

Brazile said in a statement on Friday:

“As we go deeper into the phased recovery allowed by state and county public health officials, the Court has a gradual approach to assure safe access to justice in the nation’s largest trial court.

“We are going to take this COVID-19 recovery slowly and carefully with the help of remote courtroom technology, mandatory use of masks/facial coverings, social distancing protocols and barriers, enhanced cleaning, hand sanitizer and disinfecting wipes, and signs to direct visitors where to stand. We are doing all we can to re-open our doors safely to restore access to justice in Los Angeles County.”

Court’s Summary

The full order appears on Page 4 of today’s issue. The court on Friday released the following summary of what’s happening when:

June 22

•Probate courtrooms will resume expanded operations and conduct proceedings remotely using LACourtConnect (LACC), the Court’s new audio and video remote courtroom appearance technology.

•Mental Health courtrooms will resume full operations at the Hollywood Courthouse. The courtroom hearing proceedings pursuant to the Lanterman Pettis Short Act (LPS) will resume operations at the Metropolitan Courthouse. Riese hearings and hospital hearings will be conducted remotely by video.

•Juvenile Dependency courtrooms will resume full operations. The Court will prioritize adjudications and dispositions involving children who are detained, and continue to conduct remote appearances via Webex.

•Juvenile Delinquency courtrooms will resume full operations. Priority will be given to arraignments, adjudication, disposition and Welfare and Institutions Code section 777 hearings for detained minors, competency hearings, transfer hearings, warrants and emergency health and safety matters. Remote appearances will continue via Webex.

•Civil courtrooms, except for courtrooms hearing Small Claims and Collections matters, will expand operations to include case management conferences, Law and Motion and informal conferences, which may be conducted remotely via CourtCall until after LACC is more widely available on July 6, and thereafter, for remote appearances.

•Settlement courts will resume mandatory settlement conferences and will conduct them remotely using LACC.

•Writs and Receivers courtrooms will resume full operations.

•Complex Civil and Personal Injury courtrooms located at the Spring Street Courthouse will resume full operations and conduct remote hearings and proceedings via CourtCall until LACC is available on July 6 and onwards.

•Family Law courtrooms will resume proceedings in a gradual, phased-in fashion, based on the Division’s uniform four-category triaging plan for matters and ex-parte applications. Proceedings are initially limited to Restraining Orders, post-arraignment contempt and Family Code 3130 matters.

June 25

•Appellate Division will resume full operations and hold oral arguments.

June 29

•Unlawful Detainer courtrooms may resume Law and Motion and ex-parte applications.

July 6

•The Criminal Division will commence a phased expansion of operations and expand the use of remote proceedings via Webex.

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Los Angeles Superior Court General Order

1. Courthouse Access & Remote Appearances:

a. Access to LASC courthouses is restricted at all times to judicial officers, court staff, co-lessees. Judicial Council staff, vendors, jurors, authorized persons (which includes news reporters and news media representatives), attorneys, litigants and witnesses with matters on calendars or individuals with confirmed appointments.

b. Access to LASC proceedings shall be limited to the judicial officer presiding, Court personnel, parties, counsel, witnesses, and those members of the public (including news reporters and news media representatives) as can be accommodated in the designated courtroom while enforcing social distancing. The determination of courtroom capacity is made by the judge presiding therein.

c. In furtherance of Executive Order N-33-20, paragraph 4, subpart (b), the Court orders all parties who use e-filing to accept electronic service, except in those circumstances when personal service is required by law or where any of the parties are self-represented, as required by the Emergency California Rules of Court, Rule 12.

d. To enforce social distancing, each court resuming full operations shall schedule only the number of matters during each session that will comply with social distancing requirements.

e. Parties and counsel are urged to make use of technology for remote appearances, via LACourtConnect (LACC), CourtCall or Webex, and to exchange and stipulate to the authenticity of documentary evidence.

f. Judicial officers retain the discretion to require the use of technology for remote appearances for the duration of this general order.

2. Expanded Court Operations—in addition to the time-sensitive and essential functions enumerated in section 3 below, the Court is expanding its operations as follows:

a. Effective June 22, 2020:

i. Probate courtrooms will resume expanded operations and conduct proceedings remotely with LACC.

ii. Mental Health courtrooms will resume full operations at the Hollywood Courthouse. The courtroom hearing proceedings pursuant to the Lanterman-Petris-Short (LPS) Act will resume operations at the Metropolitan Courthouse. Riese hearings and hospital hearings will be conducted remotely by video.

iii. Juvenile Dependency courtrooms will resume full operations. The Court will prioritize adjudications and dispositions involving children who are detained and continue to conduct remote appearances via Webex.

iv. Juvenile Delinquency courtrooms will resume full operations. Priority will be given to arraignments, adjudication, disposition and Welfare and Institutions Code section 777 hearings for detained minors, competency hearings, transfer hearings, warrants and emergency health and safety matters. Remote appearances will continue to be conducted via Webex.

v. Civil courtrooms, with the exception of courtrooms hearing Small Claims and Collections matters, will expand operations to include case management conferences, law and motion, and informal conferences, which may be conducted remotely via CourtCall until LACC is more widely available on July 6th, and thereafter, for remote appearances.

1. Settlement Courts will resume mandatory settlement conferences and will conduct them remotely with LACC.

2. Writs and Receivers courtrooms will resume full operations.

3. Complex Civil and Personal Injury Courts located at Spring Street, will resume full operations on June 22, 2020, and conduct remote hearings and proceedings via CourtCall until LACC is available on July 6, 2020 onwards.

vi. Family Law courtrooms will resume proceedings in a gradual, phased-in fashion, based upon the Division’s uniform four-category triaging plan for matters and ex parte applications. Proceedings are initially limited to restraining orders, post-arraignment contempt and Family Code section 3130 matters.

vii. Appellate Division will resume full operations and hold oral arguments starting on June 25, 2020. Proceedings may also be held remotely via Webex.

b. Effective June 29, 2020, courtrooms handling Unlawful Detainer cases may resume law and motion and ex parte applications. Pursuant to Code of Civil Procedure section 166(a)(1), no oral argument will be entertained on an ex parte application for relief.

c. Effective July 6, 2020, the Criminal Division will commence a phased expansion of operations and increase the use of remote proceedings via Webex.

3. Continued Essential Operations: except as otherwise noted above, from June 11, 2020 to July 9, 2020, inclusive, the Court will remain closed for judicial business other than for the following time-sensitive, essential functions:

a. Civil Temporary Restraining Orders

b. Family Temporary Restraining Orders

c. Civil Ex Parte Proceedings, including without limitation. Emergency Minor’s Compromise Proceedings’

d. Family Ex Parte Proceedings

e. Hague Convention (International Kidnapping)

f. Probate Ex Parte Proceedings

g. Probate Emergency Petitions for Temporary Conservatorship

h. Probate Emergency Petitions for Temporary Guardianship

i. Riese Hearings j. Search Warrants

k. Arraignments

1. Criminal Preliminary Hearings

m. Criminal Ex Parte Proceedings

n. Bail Bond and Cash Bail Processing

o. Bail Review

p. Criminal Mental Competency Hearings

q. Criminal Sentencing Proceedings

r. Criminal Post-Sentencing Proceedings

s. Grand Jury Indictments

t. Juvenile Ex Parte Proceedings

u. Emergency Orders Relating to the Health and Safety of a Child

v. Juvenile Restraining Orders

w. Juvenile Delinquency Detention Hearings and related case processing

x. Juvenile Dependency Detention Hearings and related case processing

y. Petitions for Writ Seeking Emergency Relief in Misdemeanor, Limited Civil and Infractions

z. Emergency Writs Challenging COVID-19 Emergency Measures

aa. Writs of Habeas Corpus Challenging Medical Quarantines

bb. Emergency Protective Orders

cc. Proceedings under the Lanterman-Petris-Short (LPS) Act

dd. Judicial Commitments for Dangerous Persons based on Mental Health Conditions

ee. Parole and Post-Release Community Supervision Revocation Hearings

ff. Juvenile Delinquency Adjudications and Dispositions, and related case processing

gg. Juvenile Petitions pursuant to Welfare and Institutions Code section 388e

hh. Expedited Petitions to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability Pursuant to Rule 7.950.5 of the Cal. Rules of Court, if no hearing is required.

ii. Writ proceedings under Welfare and Institutions Code sections 4800-4801 seeking release of persons judicially committed to a state hospital, development center, or other facility.

4. Continuances:

a. Criminal:

i. Pursuant to the March 30, 2020 Statewide Emergency Order by Tani G. Cantil-Sakauye, Chief Justice of California and Chair of the Judicial Council, the June 10, 2020 Statewide Emergency Order by Chief Justice Cantil-Sakauye, and the authority provided by the June 10, 2 020 order issued by Chief Justice under Government Code section 68115, the Court extends the time period provided under section 825 of the Penal Code within which a defendant charged with a felony offense must be taken before a magistrate from 48 hours to not more than seven (7) days, applicable only to cases in which the statutory deadline otherwise would expire from June 20, 2020 to July 9, 2020, inclusive.

ii. The Court extends the time period provided in section 1382 of the Penal Code for the holding of a criminal trial by not more than 30 days, applicable only to cases in which the original or previously extended statutory deadline otherwise would expire from June 15, 2020 to August 17, 2020, inclusive.

iii. The Court extends by 90 court days the time to submit status reports and progress reports for defendants for whom a status report or progress report was due from June 11, 2020 to July 9, 2020, inclusive. The Court shall provide notice of when the new proceeding will be held.

iv. The Court extends by 90 court days, unless statutorily required otherwise, the time to hold misdemeanor post-arraignment proceedings in which the defendant is out of custody that would otherwise be set from June 11, 2020 to July 9, 2020, inclusive.

v. Select Criminal courtrooms will resume or initiate Early Disposition and/or Late Disposition proceedings, commencing on June 15, 2020, and until further notice.

b. Juvenile Dependency and Juvenile Delinquency:

i. The Court extends the time periods provided in section 313 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be released from custody to not more than seven (7) days, applicable only to minors for whom the statutory deadline would otherwise expire from June 11, 2020 to July 9, 2020, inclusive.

ii. The Court extends the time periods provided in section 315 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be given a detention hearing to not more than seven (7) days, applicable only to minors for whom the statutory deadline would otherwise expire from June 11, 2020 to July 9, 2020, inclusive.

iii. The Court extends the time periods provided in sections 632 and 637 of the Welfare and Institutions Code within which a minor taken into custody pending wardship proceedings and charged with a felony offense must be given a detention hearing or rehearing to not more than seven (7) days, applicable only to minors for whom the statutory deadline would otherwise expire from June 11, 2020 to July 9, 2020, inclusive.

iv. The Court extends the time period provided in section 334 of the Welfare and Institutions Code within which a hearing on a juvenile dependency petition must be held by not more than fifteen (15) days, applicable only to minors for whom the statutory deadline would otherwise expire from June 11, 2020 to July 9, 2020, inclusive.

v. The Court extends the time period provided in section 657 of the Welfare and Institutions Code within which a hearing on a wardship petition for a minor charged with a felony offense must be held by not more than fifteen (15) days, applicable only to minors for whom the statutory deadline otherwise would expire from June 11, 2020 to July 9, 2020, inclusive.

c. Unlawful Detainer:

The Court deems June 11, 2020 to July 9, 2020, inclusive, a holiday/holidays for purposes of computing time under Code of Civil Procedure section 1167. The Court finds good cause to continue all unlawful detainer trials without a determination pursuant to Code of Civil Procedure section 1170.5(c).

d. Small Claims:

The Court deems June 11, 2020 to July 9, 2020, inclusive, a holiday/holidays for purposes of computing the time under Code of Civil Procedure section 116.330(a) (requires a small claims matter to be scheduled for hearing no earlier than 20 days but not more than 70 days from the date of the order directing the parties to appear at the hearing).

e. Traffic and Infractions:

All traffic and infraction arraignments and trials scheduled from June 11, 2020 to July 9, 2020, inclusive, are continued. The parties shall receive notice of the date on which the hearing shall be set.

f. Trials:

i. All non-jury trials, unless statutorily required otherwise, including in Civil, Criminal, Family Law, Probate, and Traffic, scheduled from June 11, 2020 to July 9, 2020, inclusive, are continued until further notice. All pre-trial dates for trials that are continued pursuant to paragraph (f) also are continued consistent with the new trial date.

ii. All Civil jury trials, including Unlawful Detainer trials, scheduled from June 11, 2020 to July 9, 2020, are continued. The parties shall be notified of the continued trial date by the court. All pre-trial dates for trials continued pursuant to this paragraph also are continued consistent with the new trial date.