Judge Issues Order Detailing Court Operations During COVID.

This is an order from JOYCE D. HINRICHS, Presiding Judge Superior Court of California County of Humboldt:

ORDER OF THE PRESIDING JUDGE ADDENDUM TO MARCH 18, 2020 ORDER AFFECTING COURT OPERATIONS AND CALENDARS 

WHEREAS THE GOVERNOR OF THE STATE OF CALIFORNIA issued a statewide order directing all Californians to remain home or at their place of residence, though allowing an exception for Californians who work in a building defined by Cybersecurity & Infrastructure Security Agency (CISA) as critical infrastructure, 

AND WHEREAS STATE COURTHOUSES fall within the definition in CISA as critical infrastructure as necessary to keep the government functioning, 

AND UNDER THE AUTHORITY of California Rule of Court, Rule 10.603, and the responsibility of the Presiding Judge to ensure effective management of the court and perform all acts necessary to accomplish the duties stated in the rules of court, 

AND UNDER THE CURRENT CIRCUMSTANCE of the worldwide COVID–19 pandemic and subsequent statewide and nationwide restrictions, specifically the recommendation by the Center of Disease Control (CDC) to limit public gatherings of 50 people or more for the next eight weeks, and to maintain social distancing of 6 feet from person to person, combined with a declaration by the Governor of California for persons 65 and older to self–isolate until further notice, balanced with the obligation of the Superior Court to ensure the business of the court is conducted to the extent possible, 

AND FURTHER the President of the United States has issued Coronavirus Guidelines for America, which in part provides, since the courts fall within the definition in CISA, the court has a special responsibility to maintain a normal work schedule to the extent possible, maintaining an environment consistent with CDC guidelines, avoiding gatherings in groups of more than 10 people and encouraging all court users and court staff to practice good hygiene, 

THIS COURT ISSUES the addendum to the temporary order issued by this court on March 18, 2020 Affecting Court Operations and Access to the Courthouse, and adds thereto as indicated: 

Criminal Matters 

1) Orders to Appear-and General Orders 

1. a) Effective March 17, 2020, any prior order to a defendant to appear in a 

misdemeanor case scheduled between March 17, 2020 to, and including, April 16, 2020 is rescinded and counsel can and should appear for clients in these proceedings via Penal Code $977. 

1. b) Effective March 17, 2020, the Court will accept $977 waivers executed out of 

court for a defendant with a pending criminal matter who is out of custody and who has an appearance between March 17, 2020 to, and including, April 16, 

2020 to facilitate continuances. 

2) Jury Trials 

1. a) All jury trials scheduled between March 17, 2020 to, and including, April 16, 

2020 are vacated, and any person who has received a juror summons will be re-summoned for a date in the future. This Order is based on a finding of good cause arising out of the Public Health Crisis declared by the County of Humboldt, the Governor of the State of California and the President of the United States of America. This Order will facilitate the court’s goal of eliminating public gatherings in our courthouses of large groups of people that jury trials necessarily require. 

1. b) Any jury trial scheduled for March 23, 2020 that is a no-time waiver trial will be 

re-set for April 13, 2020 or a later time that the parties agree upon with the consent of the court. 

1. c) Any jury trial scheduled for March 30, 2020 that is a no–time waiver trial will be 

re–set for April 20, 2020 or a later time that the parties agree upon with the consent of the court. 

1. d) Any jury trial scheduled for April 6, 2020 that is a no–time waiver trial will be re 

set for April 27, 2020 or a later time that the parties agree upon with the consent of the court. 

1. e) Any jury trial scheduled for April 13, 2020 that is a no–time waiver trial will be re 

set for May 4, 2020 or a later time that the parties agree upon with the consent of the court. 

3) All Other Pending Criminal Appearance and Hearings 

1. a) Any criminal case pending with a date to appear scheduled between 

March 17, 2020 to, and including, April 16, 2020 with an in–custody defendant will be conducted via video appearance. In light of the courthouse being physically closed to the public, the proceedings will be public by video/audio. The link to the public streaming is found on the court‘s website at www.humboldt.courts.ca.gov. 

1. b) All other criminal matters with appearances scheduled between March 17, 2020 

to, and including, April 16, 2020 that are time–waived will be re–set and re–noticed. 

1. c) All traffic matters with appearances scheduled between March 17, 2020 to, and 

including, April 16, 2020 that are time–waived will be re–set and re–noticed. All traffic matters with appearances scheduled between March 17, 2020 to, and including, April 16, 2020 that are no time–waived will be re–set and re–noticed for the earliest possible time, in light of the courthouse closure. All traffic matter appearance dates and payment dates have been extended 60 days. 

1. d) Criminal misdemeanor cases with fine amounts or payments due have been 

extended 60 days. 

All criminal matters that will be heard between March 19, 2020 to, and including, April 16, 2020 may be rescheduled and assigned to a different courtroom to accommodate video/audio streaming. 

Civil & Probate Matters 

1) Non–emergent Civil & Probate calendars and trials set between March 19, 2020 to, 

and including, April 16, 2020 will be re–set and re–noticed. If, after judicial review, there are emergency matters that need an appearance during the courthouse closure, they may be accommodated by video/audio appearances and specially 

set. 2) Unlawful Detainers & Civil Harassment Hearings calendars and trials set 

between March 19, 2020 to, and including, April 16, 2020 will be re–set and re noticed. Any temporary orders have been continued, pursuant to our Emergency 

Orders. If, after judicial review, there are emergency matters that need an appearance during the courthouse closure, they may be accommodated by video/audio appearances and specially set. 

3) Small Claims Trials. All Small Claims trials set between March 19, 2020 to, and 

including, April 16, 2020 will be re–set and re–noticed. 

Family Law Matters 

1) Family Law & Domestic Violence Restraining Orders calendars and trials set 

between March 19, 2020 to, and including, April 16, 2020 will be re–set and re noticed. Any temporary orders have been continued, pursuant to our Emergency Orders. If, after judicial review, there are emergency matters that need an appearance during the courthouse closure, they may be accommodated by video/audio appearances and specially set. 

2) Child Support Services calendars and trials set between March 19, 2020 to, and 

including, April 16, 2020 will be re–set and renoticed. 

Juvenile Matters 

1) Dependency (WIC 300). Matters will be called as currently scheduled. In light of 

the courthouse being physically closed to the public, the proceedings will be called by video/audio. Counsel shall appear for their clients, unless a matter is specially set to arrange for a client to appear remotely by video/audio 

2) Delinquency (WIC 602). Matters will be called as currently scheduled. In light of 

the courthouse being physically closed to the public, the proceedings will be called by video/audio. Minors in Juvenile Hall shall appear via video link. Counsel shall appear for all out of custody clients, unless a matter is specially set. In light of the courthouse being physically closed to the public, any public juvenile proceedings will be made public by video/audio. The link to the public streaming is found on the court website at www.humboldt.courts.ca.gov. 

Family Wellness Court/Adult Drug Court. Recognizing the needs of this population, the Court is exploring ways to remain connected and supportive while contact and movements is limited. As soon as plans are finalized a supplemental order will be published. Self–Help Centers. Online resources are available through Sharpcourts.org for the following matters: Divorce, Parentage, Domestic Violence and Civil Harassment Restraining Orders, Elder Abuse, Guardianship of the Person, Name Changes, Small Claims. 

One–on–One appointments will be limited to e–mail, telephone, and video conferencing. 

To contact our Self–Help Center, please call 707–445–7256, e-mail court.selfhelp@humboldtcourt.ca.gov, or visit the Humboldt County Superior Court website at www.humboldt.courts.ca.gov. 

The Court currently plans to resume regular court operations on Thursday, April 16, 2020, but may seek addition Emergency Orders depending on the recommendations of Humboldt County Public Health, State Public Health, CDC or any orders relating to public safety. SO ORDERED. 

Jose Afinach 

03/23/2020 

JOYCE D. HINRICHS, Presiding Judge Superior Court of California County of Humboldt