CHARLESTON –West Virginia Supreme Court Chief Justice Tim Armstead has entered an order extending the Judicial Emergency because of the Coronavirus pandemic through May 15.
The original order set the emergency through April 10, and the first extension of that was scheduled to end April 27.
““This order extends the judicial emergency precautions through May 15 as we continue to monitor the health care concerns related to the COVID-19 virus,” Armstead said of the latest order signed April 22. “Because our courts have rapidly adapted to the use of technology to avoid in-person hearings, we have modified the previous order to allow judges to move forward with additional matters in certain circumstances but only where proceedings can be held remotely via telephone or video conferencing.
Armstead
“The health and well-being of our citizens remains an overriding concern.”
Also, Kanawha County Commissioner Ben Salango said the Kanawha County Judicial Annex will remain closed until at least May 15 as well on the recommendation of Kanawha-Charleston Health Department Chief Medical Officer Dr. Sherri Young. It previously was scheduled to stay closed until April 27 as well. A few weeks ago, some employees began working again in the building, which saw seven employees and one spouse of an employee test positive for the Coronavirus. Thirty employees tested negative.
Kanawha County Sheriff Mike Rutherford said circuit judges, family court judge, circuit clerk employees and magistrate clerk employees following social distancing rules started working in the building again. Salango said the building has been professionally cleaned and sanitized.
“No magistrates are in the building,” Rutherford told The West Virginia Record. “No attorneys, no members of the general public.”
Before the Kanawha-Charleston Health Department allowed those workers to re-enter the building, any employee who needed temporary access to the building had to gain permission from Kanawha Circuit Chief Judge Charles King and obtain access from Rutherford.
The new state Supreme Court order:
· Extends the prior period of judicial emergency that was set to expire on May 1 to May 15;
· Continues stay of jury trials and grand jury proceedings until May 15;
· Allows for non-contested adoption proceedings to be held;
· Allows for circuit judges, family court judges, and magistrates to hold telephone or video hearings, proceedings, and bench trials in non-emergency cases with the mutual consent of the parties, which shall not be unreasonably withheld;
· Allows judges and magistrates to impose deadlines on parties related to nonemergency telephone or video hearings, proceedings, and bench trials; and
· Extends stays of wrongful occupation and eviction hearings, absent a finding of significant harm if the proceeding is delayed, until May 18.
All other provisions of the previous emergency orders remain in place.
The new order, as well as all judicial documents relating to the Coronavirus pandemic, can be found on the West Virginia Judiciary website: http://www.courtswv.gov/covid19/COVID19.html. The Supreme Court said it continually is monitoring developments related to the outbreak and will assess the need to modify or extend the Judicial Emergency Order as circumstances warrant.