The state court system in Kentucky will largely shut down for nearly a month as concerns for the spread of COVID-19 continue.
The emergency order was issued by Kentucky’s Chief Justice John Minton Jr. The move takes effect Monday, March 16, and lasts through April 10.
Minton’s order results in all trials and most hearings being postponed, but “reasonable attempts” will be made to reschedule criminal trials as soon as possible given defendants’ constitutional right to a speedy trial.
Certain high-priority hearings will still be held during this time, although judges should use telephone or video technology rather than have people appear in courtrooms, Minton said in his order. These include arraignments, preliminary hearings, bond hearings, probation violation and evidence hearings for defendants held in jail, domestic violence hearings, and emergency custody hearings.
During courtroom proceedings allowed under Minton’s order, only the parties involved, attorneys and witnesses will be allowed to attend.
“Numerous events are being canceled as public health officials stress social distancing as a way to mitigate the outbreak,” Minton said. “Because large numbers of people come through our judicial centers each day, we must be do our part to minimize social contact.”
Kentucky Public Advocate Damon Preston, who oversees the state’s public defenders, said in response that while Minton’s attempt to protect public health is admirable, “there are incarcerated defendants whom this will be more than a mere inconvenience.”
“We are concerned about hitting a ‘pause’ button on criminal cases when many of our clients are sitting in jail waiting for their day in court and hoping not to be infected when they have no ability to protect themselves in a cell,” Preston added. He said his office’s plan is to seek the release for every client who is being held in jail awaiting trial.
In the federal court system, all civil and criminal trials scheduled to start between March 16 and April 17 will be continued for at least 30 days, Chief U.S. District Judge Danny C. Reeves said in an order issued Friday. Though criminal matters before judges, such as initial appearances on charges, detention hearings and the issuance of warrants, will continue as usual. All federal courthouses will remain open.
(Some information for this article courtesy of kentucky.com)
By Ken Howlett, News Director
Contact Ken at ken@k105.com
