Chief Justice Cheri Beasley entered three emergency orders on Saturday affecting court operations during the COVID-19 pandemic. Two of the orders impact criminal cases. One extends the deadline for filing notices of appeal. The other extends the authorization for remote proceedings in Emergency Directive 3 and renews and modifies the provisions of Emergency Directive 7, which provides additional time to pay monies owed in a criminal or infraction case. (The third order stays eviction actions that currently are pending in the trial courts until June 21, 2020 and imposes other requirements related to eviction proceedings.)
Shea Denning
Chief Justice Enters Additional Emergency Directives Governing Court Operations
This post was updated on May 22, 2020 to include discussion of a May 21, 2020 order extending deadlines in criminal cases and a May 14, 2020 order from the North Carolina Supreme Court.
Chief Justice Cheri Beasley entered an order today imposing eight new emergency directives (Directives 9 -16) to address court operations during the COVID-19 pandemic. The Chief Justice entered a separate order extending time for documents to be filed and acts due to be done in criminal cases in the trial courts.
DWI Update: May 2020 Edition
My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, there are no live summer conferences. Yet we are still slogging. We are delivering a virtual criminal case update for district court judges this week … Read more
Courts Will Expand Operations on June 1, But It Won’t Be Business as Usual
In regular times, North Carolina’s state courthouses are high traffic venues, filled with employees, attorneys, media, law enforcement officers, and members of the public. Much of the work that transpires in these venues takes place through in-person interactions. Litigants file pleadings and other paperwork with the clerk’s office. Attorneys meet with clients, witnesses, law enforcement officers, and victims to explain proceedings, negotiate pleas, discuss schedules, and prepare for hearings and trials. Reporters often are on-hand to report on cases, activities, and trends of interest. Some law enforcement officers appear to testify; others are there to provide security. And then there is the public. Hundreds of defendants may appear on any given criminal district court docket. Many of them are accompanied by friends or family members. Some defendants seek to have an attorney appointed; others ask for a continuance. Some plead guilty in open court, and others submit a waiver of appearance, admission of guilt, and pay fines and costs to the clerk to resolve outstanding charges. Victims also appear to observe the disposition of a criminal cases in which they were harmed. Many of these people–defendants, friends, family, and victims alike–may spend hours sitting shoulder to shoulder in a crowded courtroom before completing their business before the court.
The courthouse scene has been dramatically different and has involved significantly fewer in-person interactions in the weeks since Chief Justice Cheri Beasley entered her first COVID-19 emergency directive on March 13, 2020. While courts have remained opened, and judges have continued to hear emergency and time-sensitive matters, regular sessions of criminal court have largely ceased in most districts. Most criminal cases have been continued until June 1, 2020 or later pursuant to the Chief Justice’s directives. With June 1 just a few weeks away and with the Governor slowly easing COVID-19 restrictions, court officials are now considering how they can resume some of their previous in-court activities while ensuring the safety of everyone present in the courthouse—from employees to the public.
Case Summaries — N.C. Court of Appeals (May 5, 2020)
This post summarizes opinions issued by the Court of Appeals of North Carolina on May 5, 2020.
Tune in Friday for Legal Updates from the Judicial College
John Rubin, Phil Dixon and I will host Legal Updates from the Judicial College this Friday, May 8, 2020, from 1 p.m. – 2 p.m. We will discuss recent criminal law decisions by the appellate courts. Below are the details for joining this webinar.
May 1 Emergency Directives Require Continuances, Authorize Remote Proceedings, and Extend Time to Pay
Chief Justice Cheri Beasley entered an order on Friday, May 1, modifying and extending eight emergency directives previously issued on April 2 and April 16, 2020. The Chief Justice’s April 2 order, in which noted that she fully expected to extend its directives for an additional 30-day period and that judicial system stakeholders should plan for the directives to last through May, presaged the current one. Emergency orders issued by the Chief Justice pursuant to G.S. 7A-39(b)(2) initially may endure for no more than thirty days, but may be extended for additional 30-day periods. Friday’s order was effective immediately and expires on May 30, 2020.
As before, three of the emergency directives are particularly significant in criminal cases.
Tune in Friday for Legal Updates from the Judicial College
Last month, the NC Judicial College offered our first criminal legal update via Zoom. Many of you tuned in and said you liked it. So we followed up two weeks later with another. Some of you have said we should make this a thing. We’re not ready to say this is forever just yet, but we like the way things are going. So please join us again this Friday for our third Zoom update in the time of COVID-19. And we will commit right now to offering another criminal legal update on Friday, May 8. Here are the details for joining us this week:
Filing Deadlines Further Extended to Combat COVID-19; Colloquy and Form Available for Remote Proceedings
Chief Justice Cheri Beasley entered an order yesterday extending until June 1, 2020 the time and periods of limitations for documents and papers due to be filed and acts due to be done in the trial courts. The Chief Justice previously had extended to April 17, 2020 the deadline for filings, periods of limitation and other acts. She further extended those deadlines based on predictions that late April “may be the apex of the [COVID-19] outbreak in North Carolina.”
April 2 Emergency Directives Require Continuances, Authorize Remote Proceedings, and Extend Time to Pay
Chief Justice Cheri Beasley entered an order last Thursday, April 2, 2020, imposing emergency directives that were immediately effective and that affect criminal cases.
Legal authority. The Chief Justice’s order was entered pursuant to G.S. 7A-39(b)(2), which permits the Chief Justice, after determining or declaring that catastrophic conditions exist in one or more counties of the state, to issue emergency directives necessary to ensure the continuing operation of essential trial or appellate court functions. Such directives are effective notwithstanding any other provision of law.