Municipal court administrative order outlines changes amid coronavirus

Willoughby Municipal Court Judge Marisa L. Cornachio has signed an administrative order in response to the novel coronavirus known as COVID-19.

“This court has made every effort to protect the public health, to maintain essential court functions, and to continue to protect the rights of all individuals subject to the authority of the court,” Cornachio wrote in the order. “The court finds additional protective measures can be taken to protect staff and the public at large, noting directives from the state and federal government.”

According to the order, except for cases in which the defendant is being held in jail, all scheduled court hearings for unrepresented defendants in criminal and traffic cases shall be continued to specif ic dates to be determined as soon as practicable. Other exceptions may be made on a case-bycase basis. Cases currently scheduled for incarcerated defendants will proceed as scheduled via video conferencing.

Telephone/video conference calls will be conducted in t ra f f ic and criminal pretrials where the defendant is represented by counsel. A ll discover y w ill be conducted electronically between defense counsel and the prosecutor. The cour t sha ll be notif ied in writing by the prose

cutor of the outcome of the pretr ia l w ithin 24 hours of the hearing. The judge will then set either a change of plea hearing or a bench trial, based on the prosecutor’s notification.

If fines/fees/court costs in criminal or traffic cases are not paid by the existing enforcement date, the clerk of courts is instructed to continue the enforcement date by 90 days. The same continuance is instructed to be given in community service and driver intervention program cases.

All minor misdemeanors are waiverable online at www.willoughbycourt.com.

Weddings are canceled until further notice, according to the order.

All bond reviews, probable cause warrants and search warrants will be heard by electronic communication. The clerk shall use electronic means whenever possible to accept and file new complaints. Probable cause warrant shall be sworn over electronic communication whenever possible.

For pending cases where the plaintiff seeks restitution of premises, hearings are continued a specific date at least 60 days from the March 20 order. Claims of eviction filed between March 16 and 60 days from the signing of the order will be scheduled 60 days from the filing date.

For 60 days days from the date of the order, no writ of possession will be executed when the property subject to the judgment of restitution of premises remains occupied.

Those who have received a jur y summons are requested to st ay home until or unless they are notified that their services are needed. Notification will occur via callin, as detailed on the summons.