CHARLESTON – When the state Supreme Court’s fall term begins September 1, they will conduct oral arguments in person.
But, there will be changes to accommodate social distancing and other requirements because of the COVID-19 pandemic.
Each case will be scheduled to begin at a specific time. The first case Sept. 1 is set for 10 a.m.. Rule 20 Arguments will be heard first, and there will be 40 minutes scheduled for each case. Rule 20 Arguments will follow, and there will be 20 minutes allotted for each of those cases.
Armstead
The court doesn’t want attorneys to arrive at the Supreme Court chambers until 10 minutes before their case is scheduled to begin. Before, all attorneys were told to report to the chambers when the day’s docket began and waited in the courtroom or across the hall in a conference room.
“The health of attorneys, their clients, the public and our staff is our top priority,” Chief Justice Tim Armstead said. “Although we successfully held virtual arguments last spring, we believe the new protocols, including social distancing and other precautions, will allow us to safely return to in-person hearings.”
State courts were allowed to resume jury trials as early as June 29 with updated guidelines to ensure the health and safety of all parties involved. Courts began a gradual return to normal in May, but there have been a few setbacks along the way with courthouse closures because of employees testing positive for Coronavirus.
Shortly after suspending all statewide court proceedings, the state Supreme Court declared a judicial emergency in March to help limit potential exposure and spread of the virus. The state Supreme Court conducted arguments via remote technology to end the spring term.
Rule 20 Arguments generally are cases involving issues of first impression or fundamental public importance; constitutional questions regarding the validity of a statute, municipal ordinance, or court ruling; and cases that involve inconsistencies or conflicts among the decisions of lower tribunals. Rule 19 Arguments generally involve the application of settled law, claims of unsustainable exercise of discretion where the law governing that discretion is settled, claims of insufficient evidence or a result against the weight of the evidence, narrow issues of law or cases in which a hearing is required by law.
The oral argument dockets are available at the Supreme Court website. All arguments will be webcast live and recorded for posting on the court’s YouTube Channel at a later date.
