The Mississippi Supreme Court issued the following statement.
Seven
members of the Mississippi Supreme Court gathered in a large conference
room on Thursday with two more participating via teleconference
as the state’s highest court continued to deal with how to keep all
courts open while protecting public health and safety.
The Supreme Court since March 13 has issued seven emergency orders
regarding court operations related to COVID-19, the novel coronavirus,
and more orders are expected. The Supreme Court has ordered that courts
must remain open for business while taking appropriate steps to protect
public health and safety.
The March 13 first Emergency Administrative Order said, in part, “In
compliance with the Constitution, all state courts – municipal,
justice, county, chancery, circuit, and appellate courts – will remain
open for business to ensure courts fulfill their constitutional and
statutory duties. See Miss. Const. Art. 3, §§ 24, 25, 26, and 26A.
Courts should continue normal business matters as
much as possible.” The Supreme Court in subsequent orders repeated the
Constitutional requirement to keep courts open while taking steps to
protect people and slow the spread of the coronavirus.
“All of these orders were designed to keep justice moving,” Chief
Justice Mike Randolph said in an interview. “I am really concerned
about public health and safety. I am really concerned about fulfilling
our Constitutional duties” to keep courts open.
“Especially in times like these, with a national emergency, nerves are
frayed and people are scared. That’s when the courts have
to be at their strongest, to make sure that we promote the public peace
and ensure domestic tranquility,” Chief Justice Randolph said.
Since the adoption of the first Emergency Administrative Order on March
13, the Supreme Court has given trial judges discretion to
craft plans to address the specific needs of their courts.
“They are working in innovative ways,” Chief Justice Randolph said.
“They have to figure out what is best for their courts.”
In the 12th
Circuit of Forrest and Perry counties, Circuit Judge Robert Helfrich
directed that Drug Intervention Court
participants must be screened for illness, including having their
temperature taken at the door of the facility before being allowed
inside. Anyone with a temperature of over 100 degrees Fahrenheit was
turned away and directed to see a doctor. About 200 people
are enrolled in the 12th Circuit Drug Intervention Court of
Forrest and Perry counties. They report periodically to the court. The
reporting time has been extended so that no more than five or six people
are gathered at one time.
It’s imperative to continue close monitoring of the intervention court
participants so that they don’t lapse back into drug and alcohol
use, especially under stress. “It’s a vulnerable population. We do need
to watch them, especially during this time,” Judge Helfrich said.
In Jackson County Youth Court, Judge Sharon W. Sigalas on March 18
ordered that no child would be admitted to the detention center
without authorization from Youth Court staff. “Unless needed for public
safety, detention will not take any delinquents...,” Judge Sigalas’
order said. The order also suspended visitation of foster children.
Detention and shelter hearings required by law “will
be handled in a manner as not to expose anyone to the virus
unnecessarily,” the order said. The Youth Court remains open for
emergency hearings.
Circuit Judge Charles Webster of the 11th
Circuit raised concerns in early March about summoning jurors in
Bolivar, Coahoma,
Quitman and Tunica counties. He cancelled jury trials. “We were just at
the beginning of it getting bad, with all of the warnings. I didn’t
think it was a good idea to bring in a bunch of people for a jury and
pack them in at close quarters. What if you compel
someone to come in and they get the coronavirus? I made a decision that
I wasn’t going to hold any jury trials,” Judge Webster said. “It
progressively got worse.” He will wait for conditions to improve before
rescheduling jury trials.
The Supreme Court in the first Emergency Administrative Order issued
March 13 gave trial judges discretion to postpone trials and
to refrain from conducting jury trials. The Supreme Court in a second
Emergency Administrative Order issued March 15 extended the time window
for postponing jury trials until May 18.
The Supreme Court has urged the use of technology to reduce
person-to-person contact. In the fifth Emergency Administrative Order,
issued March 20, the Court said, “All courts are urged to limit
in-person, courthouse contact as much as possible by utilizing available
technologies, including electronic filing, teleconferencing, and
videoconferencing.” The Court also said, “ Judges’ offices
or court clerks’ offices shall remain accessible by telephone and
email, to the extent possible, during regular business hours. If
available, drop boxes should be used for conventionally-filed
documents.”
Senior Chancellor Deborah Gambrell Chambers said the 10th
Chancery Court, which spans Forrest, Lamar, Marion, Pearl River
and Perry counties, has adapted to teleconferencing with attorneys for
hearings using Zoom. She even heard one case from home by
teleconference. In-person proceedings that can’t be postponed are all
held in the Forrest County Chancery Courthouse, whether they
are Forrest County cases or from any of the other counties in the
district. An officer with a digital thermometer takes a person’s
temperature before that person may come onto the second floor of the
courthouse for Chancery business, and no more than 10 people
can come in at one time.
“We are doing what we think makes sense. We are trying to keep the
judges from traveling and being exposed,” Judge Gambrell Chambers
said.
The four chancellors of the Hinds Chancery Court adopted a similar
approach in a March 16 statement, and on March 26 revised and
extended the date for case continuances (postponements) to April 10.
The Hinds Chancery March 26 Statement Regarding Court Operations said,
“In compliance with the Constitution, Hinds Chancery Court will remain
open for business to ensure courts fulfill their
constitutional and statutory duties. See Miss. Const. Art. 3, §§ 24,
25, 26, and 26A. Mindful of the Court’s duty to ensure the ‘just,
speedy, and inexpensive determination of every action and proceeding’ as
well as its duty to protect parties, court staff,
witnesses, corporate representatives, and practitioners who appear
before it and the community in which it sits, the Fifth Chancery Court
District is continuing all matters set through April 10, 2020, effective
immediately. Emergency matters will be heard
as necessary. Only necessary persons will be permitted in courtrooms.
Ex parte matters will be handled via email, teleconference, and/or
video conference (utilizing Zoom).”
The Supreme Court has ordered that some proceedings cannot be delayed.
in Emergency Administrative Order 5 issued March 20 set out
types of in-person proceedings that shall go forward without
postponement:
a. Jury trials currently in progress.
b. Department of Child Protection Services emergency matters related to
child protection.
c. Proceedings directly related to:
(1) Protecting the constitutional rights of all persons;
(2) Habeas corpus;
(3) Emergency child-custody orders;
(4) Relief from abuse and orders of protection;
(5) Mandatory youth court detention hearings for youth held
in custody;
(6) Emergency mental-health orders;
(7) Emergency protection of elderly or vulnerable persons;
(8) Petitions for temporary injunctive relief;
(9) Issues involving the COVID-19 public-health emergency;
(10) Obtaining arrest and search warrants, and other
proceedings required by law enforcement;
(11) Ensuring the Mississippi Judiciary has met its
constitutional requirements.
d. Any other emergency and time-sensitive matters, in the discretion of
individual judges.
16 comments:
HA! Hey, Fuhrer Randolph, we can't hear you over the sound of those local tribunal gavels slamming down on benches while declaring court to be in recess. Keep shouting, little man, but reasonable minds ain't listening.
Randolph is an idiot.
You have a greater chance of dying on the highway while driving to the courthouse than you do from catching the c-virus, should we shut those down too?
Have you ever tried to visit the Mississippi Supreme Court and approach one of the Judges. It aint happening. They live in isolation all of the time. Its interesting that they tell the local judges who actually interact with the public to keep system open.
Holy crap 12:31. I didn't know anyone was dying driving to the courthouse. You must really know your stuff.
You may have a greater chance of being "suicided" by Hillary that killed by the coronavirus.
@1:08
Traffic accidents kill more people than Influenza, firearms, and Coronavirus combined. Only corn syrup and fried chicken have a higher kill count (diabetes and heart disease) and Mississippi produces both by the metric tonne.
Randolph is an idiot.
Wonder how many people at the S.Ct. are working.
Randolph never handled a criminal case
He was a silk stocking who gave $ to Haley to get appointed
Randolph an idiot? It would take either (1) an idiot, or (2) someone who has absolutely no knowledge of what they are talking about, or (3) both - to make such a statement.
Whether you like Randolph or not, whether you agree with him or not, the one thing you can't say about him is that he is not a very intelligent person, especially for being a lawyer.
I am not a Randolph fan
but: he is generally right about this. He’s allowing flexibility while recognizing that, no matter the crisis, people need courts.
Abuse victims need restraining orders, for instance.
If it comes down to it, judges need to be ready to take risks. (A Meridian judge was SHOT outside his courthouse a couple weeks ago).
Praise to all.
Randolph is choosing to put “other” priorities above human health and welfare. Easy to do Judge sitting on the throne. Judge you will regret your actions when the good people of Mississippi begin to die because of your decisions.
Yes, he’s an idiot. But he’s OUR idiot.
He can pontificate all he likes - fact remains he does not have the authority, power or ability to order people to return to work.
It's just court?
Tell that to a mother who's ex husband has been stiffing her on child support for two years and finally got in front of a judge for a contempt hearing.
Tell that to someone whose child was brutally murdered and has been waiting two to three years for justice.
Tell that to parents who had adoptions scheduled.
Tell that to someone who has been sitting in jail for a long time and couldn't get a bail hearing or better yet, someone who might be innocent and is in jail and needs that day in court to clear his name.
That day in court is close to life or death for quite a few people.
In the next few weeks, you're going to see millions of Americans coming to grips with the following choice:
1) Do I go back to work, and risk getting sick, and then deal with it?
2) Or, do I stay home and guarantee that I go broke while depending on crumbs
from the government, and having to watch my kids all day, everyday.
Economic survival will outrank physical health risk, especially if you practice good health policy, you'll be ok.
Now if you live in New Yawk, New Jersey, or or Filthadelphia....whoa nellie, they're going to get quarantined into oblivion.
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