The Union County Courthouse is remaining open, but “with restrictions.”
Monday, Union County Common Pleas Court Judge Donald Fraser issued “a judicial emergency” due to the COVID-19 pandemic.
“The court will have the lawful authority, within constitutional limits, to do and direct to be done all things necessary to ensure the orderly and efficient administration of justice for the duration of the declared public health emergency,” Fraser wrote.
He wrote that until further notice, the Union County Common Pleas Court, is operating under what he called “a state of Open with Restrictions”
“When the emergency subsides, the court shall enter an order declaring an end to the emergency and a resumption of normal operations.”
The judge wrote that Open with Restrictions means only essential judicial, court and clerk personnel, including sufficient security officers, will be on duty in the courthouses.
“Only those trials, hearings, or other proceedings deemed necessary by the judge or magistrate assigned to the case shall proceed,” Fraser wrote.
Fraser’s entry stressed that “all criminal proceedings shall come before the Court pursuant to law.”
He said certain criminal matters will be continued at the discretion of the court.
Criminal arraignments and probation violation hearings for those defendants who are incarcerated will be held by video.
All civil proceedings, excluding domestic relations and including foreclosure matters, will be continued for at least 30 days, “unless otherwise ordered, on a case-by-case basis.”
Fraser wrote that the public health emergency “may constitute a finding of ‘just cause’ for continuances deemed necessary by assigned judges and magistrates on a case-by-case basis.”
Employees of the court, not on duty in the courthouse, are being told to work remotely “to the extent possible.”
“All judicial employees are deemed essential, even if working remotely from home, and shall be paid their regular salaries,” Fraser wrote.
He wrote that any person entering the courthouse “may be subject to health screening or testing.”
Fraser said local rules of court may be temporarily adapted to allow court flexibility, within constitutional limits, in response to the public health emergency. Additionally, the court’s security policies may be temporarily amended or supplemented to protect public health while maintaining essential court functions.
Fraser said that in an effort to maintain essential court operations and functions, the county employee handbook and human resource provisions may be temporarily adjusted.
The judge also authorized the use of audiovisual devices and technologies for all actions and proceedings.