Emergency declared for courts to April 14

NORRISTOWN » A “judicial emergency” was extended in Montgomery County, under which the courts will conduct limited operations, possibly through midApril, as a result of the coronavirus outbreak.

Common Pleas Court President Judge Thomas M. DelRicci signed an order late Monday essentially extending the judicial emergency he declared last week until April 14. DelRicci’s order came hours after the Pennsylvania Supreme Court issued a statewide judicial emergency, which will remain in effect until April 14.

DelRicci’s original emergency order had implemented certain emergency measures through

March 27.

Monday’s Supreme Court declaration allows county president judges to declare individual county judicial emergencies, should they deem one appropriate in order to protect the health and safety of staff, court users and the community, according to the Administrative Office of Pennsylvania Courts. Under a county judicial emergency, time computations and deadlines are paused, technology can be used to conduct some court proceedings, and court facilities can be closed.

In a separate order issued on Tuesday, DelRicci said county courts “will resume limited operations” on Wednesday for “emergency matters only” in the courthouse in Norristown and at One Montgomery Plaza, the government facility across the street from the courthouse. Juvenile court emergency matters will be handled at the juvenile court facility in West Norriton, according to the order.

During the emergency period, the hours of operation for the court system will be 9 a.m. to 3 p.m. Monday through Friday.

Meanwhile, district courts in the county will remain closed to the public until further notice, with the exception of preliminary arraignments in criminal cases and resulting preliminary hearings for incarcerated individuals only, according to the order. All such hearings will be conducted by the oncall district court judge “and may be conducted by means of videoconferencing,” DelRicci wrote in the emergency order.

The Montgomery County Law Library, located in the courthouse, “will remain closed to the public until further notice,” according to the emergency order.

The county’s Domestic Relations Office will be open for “filings only.” No conferences or hearings will be scheduled, and the hours of operation will be 9 a.m. to 3 p.m. All family master level hearings have been cancelled and the family master facility at 321 Swede St., Norristown, will remain closed to the public until further notice, according to the order.

The county Adult Probation Office will be available to handle emergency court matters and supervision services will be handled “using technology,” according to DelRicci’s order. However, the Adult Probation offices at 408 Cherry Street, Norristown, and the satellite offices in Lansdale and Willow Grove “will remain closed to the public until further notice,” the judge ordered.

The county Juvenile Probation Office will be available to handle emergency juvenile court hearings but supervision services will be handled “using technology.” The Juvenile Probation Office along Port Indian Road in West Norriton, “will remain closed to the public until further notice,” according to the emergency order.

Under the Supreme Court’s statewide judicial emergency, issued on Monday, counties operating under local judicial emergencies will have the authority to do the following:

•Suspend time calculations for the purposes of time computation relevant to court cases or other judicial business, as well as time deadlines, subject to constitutional restrictions;

•Authorize additional uses of advanced communications technology to conduct court proceedings, subject to constitutional restrictions; and

•Take any action permitted pursuant to rules of judicial administration, including restrictions or temporary closures of court facilities.

The statewide emergency declaration specifically authorized president judges to suspend the operation of Rule of Criminal Procedure 600 within a judicial district, for the length of the judicial emergency. The Supreme Court order, however, does not affect a criminal defendant’s right to a speedy trial under the U.S. and Pennsylvania Constitutions.

Judicial districts operating under the emergency declaration will arrange for the provision of essential judicial services, including arraignments and bail establishment hearings and protection from abuse act proceedings, state officials said.

Last Thursday, DelRicci applied to the state Supreme Court for “an emergency judicial order” for permission to implement various courtrelated changes as part of coronavirus mitigation measures. At that time, Chief Justice Thomas G. Saylor signed an order declaring a judicial emergency in the 38th Judicial District, which is Montgomery County.

“That’s the methodology that gives the court the authority to take certain actions that would allow the continuation of the administration of necessary court proceedings and to take other actions that may alter or suspend what are normal court procedures,” DelRicci explained at the time.

DelRicci previously implemented temporary emergency court procedures such as suspending jury duty and all criminal and civil jury trials in order to adhere to health officials’ recommendations for social distancing practices as a precaution during the coronavirus outbreak in the county.

DelRicci also entered an order staying the execution of orders for eviction or possession of residential properties in the county throughout the emergency period.