Chief Justice Tani Cantil-Sakauye signed the order in response to Presiding Judge Michael Lunas’ request for emergency relief under Government Code section 68115(a)(10), which addresses court operations during a state of emergency.
The order extends the time in section 1382 of the Penal Code for the holding of a criminal trial by not more than 30 days. In this case, it’s applicable only to cases in which the statutory deadline otherwise would expire from Dec. 30. The deadline is now extended to Jan. 28.
Court officials reported that they sought the order “as a result of the increasing COVID-19 cases both locally and statewide.”
This is the fifth emergency order the state has approved for the Lake County Superior Court to allow for the adjustment of court operations during the pandemic. Previous orders were issued on March 16 and March 27, April 28 and Aug. 14, according to the order the chief justice signed Tuesday.
Earlier this month, Lunas also ordered that trials would not resume before Dec. 30 and moved most of the court proceedings – with few exceptions – online in the wake of Lake County moving into the most restrictive tier on the state’s Blueprint for a Safer Economy.
In the weeks since, the court has confirmed that two employees have tested positive for COVID-19.
Court officials said Tuesday that no jury trial will take place before Jan. 27, so anyone who has received a jury summons for any date prior to that is not required to appear.
As for the impact on court operations, Court Executive Officer Krista LeVier told Lake County News, “While there are other jury trials that will be continued, the emergency order only impacts two in-custody defendants who have not waived their right to a trial within the statutory time frames.”
The court said all safety measures remain in place, including mandatory remote appearances in nearly all proceedings.
Details about court operations are updated at the court’s website, www.lake.courts.ca.gov.
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