In light of the State of Emergency declared by Gov. Andy Beshear in response to the COVID-19, the Supreme Court of Kentucky determined Friday that all in-person appearances for civil and criminal court dockets, with the exception of emergency and time-sensitive matters, will be canceled.
This cancellation will run from Monday to April 10 and applies to civil and criminal court cases in each municipality across Kentucky. Family, District and Circuit Court proceedings in Daviess County will all be affected by this order.
As described by the Kentucky Court of Justice, emergency and time-sensitive matters include, but are not limited to, domestic violence hearings, emergency custody hearings, evidentiary hearings in criminal cases, in-custody arraignments, in-custody preliminary hearings, in-custody bond motions, and in-custody probation violation hearings.
“Judges are encouraged to use telephonic or video technology for all necessary hearings, including arraignments and mental health hearings,” said Chief Justice John D. Minton.
The Kentucky Supreme Court has declared that all civil trials, hearings and motions will be postponed and rescheduled at a later date.
“Any civil trial or hearing currently in progress shall be continued or completed at the discretion of the presiding judge,” Minton said.
Reasonable attempts to reschedule criminal trials will be made in concurrence to a defendant’s right to a speedy trial.
With the exception of emergency service matters and hearings statutorily required to be held, small claims, eviction, juvenile, probate, traffic and guardianship cases shall be continued.
However, courtroom attendance will be limited to attorneys, parties and necessary witnesses. Judges will issue summonses in lieu of bench warrants or notices of failure to appear.
All show cause dockets for payments of fines and court costs scheduled within this timeframe will be continued for 60 days, and the 20-day preliminary hearing requirement for out-of-custody defendants is waived during the effective dates of this order.
As for jurors, any who are ill, caring for someone who is ill, or in a high-risk category will have their jury service postponed to a later date, and new juror orientation will be suspended. Existing jury panels may be extended at the discretion of the court.
Signage will be posted at all public entry points at the Morton J. Holbrook Judicial Center advising individuals not to enter the building if they have visited China, Iran, South Korea or any European or high-risk countries in the last 14 days; if they have resided with or been in close contact with someone who has been to any of these countries in the last 14 days; if they’ve traveled domestically within the U.S., where COVID-19 has sustained widespread community transmission; if they have been asked to self-quarantine; if they’ve been diagnosed with or have had contact with anyone diagnosed with COVID-19 or; if they have a fever, cough or shortness of breath.
“Individuals attempting to enter in violation of these protocols shall be denied entrance by a bailiff or court security officer,” Minton said. “Bailiffs shall discourage congregating outside courtroom doors and encourage social distancing inside the courtroom.”
Those who have legitimate court business and are ill or caring for someone who is ill or in a high-risk category are advised to stay home and request a continuance by calling their local Office of Circuit Court Clerk, Minton added.
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