Courts given OK to take emergency measures

Virus concerns have courts dialing down hearings, encourage remote business

In response to concerns over COVID-19 and efforts to curtail the infection rate, courts throughout the state are adjusting operations, from the Michigan Supreme Court on down.

On Monday, following President Donald Trump declaring a nationwide state of emergency and Gov. Gretchen Whitmer declaring a state of emergency in Michigan, the state’s highest court issued a unanimous order authorizing courts to take emergency measures such as adjourning most civil matters, using videoconferencing and other technology for court proceedings when appropriate, adjusting requirements for those on probation and more. At this point, the changes are in effect through April 3.

“Business will not be as usual in our courts, but our courts will still be open for emergencies,” said Michigan Supreme Court Chief Justice Bridget McCormack, who held a short news con

ference Monday morning.

McCormack is urging trial courts to “take every measure possible to protect the public from risk.”

“We at the Michigan Supreme Court have one goal in mind, and that’s for you to be safe,” she said.

Possible measures suggested by the Michigan Supreme Court include:

• Adjourning civil and criminal matters unless a defendant is in custody. For those in custody, trial courts could use video conferencing if the defendant consents

• Maximizing use of technology to conduct business remotely, and waiving fees to do so. Oakland County Circuit Court is encouraging residents to use the Judge On-Line option, and isn’t charging its $30 fee for now.

• Reducing the number of cases to be heard to limit the number of people visiting the courts

• Waiving strict adherence to adjournment rules and policies, as well as administrative and procedural time requirements

• Coordinating with local probation departments to allow for discretion in monitoring and complying with conditions

A news release from the Michigan Supreme Court states, in part:

“During the state of emergency, trial courts should be mindful that taking reasonable steps to protect the public is more important than strict adherence to normal operating procedures or time guidelines standards. The Court encourages trial courts to cooperate as much as possible with the efforts of the Governor and other state and local officials to mitigate the spread of COVID-19, consistent with our duty to provide essential court services, protect public safety, and remain accessible to the public.”

Changes at Oakland County’s 6th Judicial Court, in response to the states of emergency, were announced Monday afternoon. Effective March 16, for the next 30 days the court will remain open to handle emergency bond motions, arraignments on bench warrants and warrants for probation violations, and criminal jury trials that were in-progress as of March 16. All other criminal jury trials will be adjourned for 30 days effective March 16, and criminal calls through March 31 will be adjourned. Sentencing hearings for in-custody defendants will be held by video if the defendant consents. If objected to, they may be adjourned.

Public viewing of court records is suspended for 30 days effective March 16, or until further notice, and all Adult Court and Juvenile Drug Court proceedings are adjourned until further notice.

Chief Judge Shalina Kumar will hear all infectious disease petitions brought by the county’s health department or corporation counsel department.

Juvenile court matters

For juvenile cases in Oakland County Circuit Court, these operations have not

been suspended and will proceed as needed:

• Preliminary hearings for all delinquency and child protective proceedings

• Issuance of and arraignments on all OTTICS

• Probation violation hearings when detention is requested

• Emergency removal hearings for child protective proceedings

• In-custody designated and adult court waiver arraignments

• Safe delivery of newborn hearings

• Reimbursement department bench warrant dismissal hearings

• Parental bypass hearings

Disposition hearings for in-custody juveniles will be done by video. All trials will be adjourned for 30 days.

Probate court matters

The probate court counter at Oakland County Circuit Court is closed to all filings except emergencies, which can be submitted Monday through Friday, 8 a.m. - 4:30 p.m.

Questions for the probate court can be asked through email or telephone. The public is also encouraged to check court filings and order documents through Court Explorer, https://www.oakgov.com/courts/districtcourts/Pages/default.aspx. Also, visit the probate court website, https://www.oakgov.com/courts/probate/ Pages/default.aspx, for more information and developments.

Domestic relations

For domestic relations cases, Oakland County Circuit

Court is open to handle divorce, custody and parenting time matters alleging an immediate threat of harm to the children. All family division motion calls will be adjourned through March 31. Emergency motions will be heard by telephone when possible.

For Friend of the Court matters, early intervention conferences will be adjourned or handled by telephone, if possible. The SMILE Program will be offered electronically only, while the FOC payment window will remain open and child support reviews will continue. Custody and parenting time investigations, as well as parenting time disputes, will be addressed through telephone interviews. FOC arraignments on bench warrants will continue, and referee hearings will be adjourned when possible or conducted by telephone when necessary.

For Personal Protection Orders, in-custody arraignments on bench warrants for violation of PPOs will be conducted by video, and contested show cause hearings will happen if a defendant remains in custody after arraignment. PPO petitions will be heard if they are of an emergency nature alleging immediate threat of harm. Hearings on a PPO request will happen on a caseby-case basis. Bail hearings for PPO respondents will continue with no changes.

Civil cases

For civil cases in Oakland County Circuit Court, these changes are in effect:

• Requests for emergency show cause, injunctive orders

and Business Court emergencies will be reviewed by the assigned judge or judge oncall

• Civil jury and bench trials will be adjourned for 30 days or until further notice by the court

• No in-person civil motion calls will be conducted through March 31, while motions can be filed and heard via telephone at the court’s discretion

• Case evaluation hearings scheduled to be heard in the next 30 days will be adjourned until further notice by the court

“We’ll still provide the services people need, but at the same time we’re pushing employees out who don’t need to be here,” said Kevin Oeffner, Oakland County Circuit Court administrator. “It’s about removing (opportunities for) transmission (of COVID-19).

District courts

Changes are also being implemented in the county’s district courts. At 51st District Court in Waterford, for example, most court business is postponed, including non-custody criminal jury trials and civil matters. Felony cases will proceed but an adjournment can be granted on a case-by-case basis. The court said its focus, through April 3, is on “essential court operations, including in-custody cases and emergency matters. Priority is being given to criminal cases that pose a public threat or risk, and will be scheduled accordingly. Staffing is reduced, and those who will be working have been directed to practice social distancing.

To further decrease the

number of people at the Waterford courthouse, preliminary breath tests — which the court had been offering for free — aren’t being conducted there for the time being, but agreements have been made with outside testing centers to offer them at no charge.

“The safety of our staff and the people we service are top priority,” said Jen Thom, 51st District Court administrator.

“We’re trying to adapt, remaining flexible and nimble, adjusting as we get new information and taking necessary measures,” she said. “We’re making the best, most educated decisions we can to keep people safe.”

At the four 52nd District Courts, visitors are being asked if they’ve recently traveled to Iran, China, South Korea or Italy, or live with someone who has. Visitors are also required to disclose if they’ve traveled domestically to areas where widespread transmission of COVID-19 is confirmed, have symptoms of the virus or been around people that do, or have been ordered to selfquarantine. More information on policies implemented because of COVID-19 is available by contacting individual district courts. Find contact information at https://www. oakgov.com/courts/districtcourts/Pages/default.aspx.

For most people, the new coronavirus causes only mild or moderate symptoms, such as fever and cough. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia. The vast majority of people recover.