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News

Judicial Council enacts emergency rules for courts statewide; change in emergency bail schedule leads to some jail releases

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Written by: Elizabeth Larson
Published: 10 April 2020
LAKE COUNTY, Calif. – An emergency rule accepted by the Judicial Council of California this week is changing a number of court operations, including enacting stays on evictions and foreclosures and establishing a temporary bail schedule, which in Lake County has led to a slight reduction in the jail population.

On Monday, the Judicial Council approved 11 temporary emergency rules for courts statewide that included a $0 statewide bail for misdemeanors and lower-level felonies during the COVID-19 pandemic to “safely reduce jail populations.”

“We are in uncharted territory in many aspects of our everyday lives. The COVID-19 virus has impacted every institution including the courts in how business is conducted in order to enforce social distancing and protect and safe lives,” Lake County District Attorney Susan Krones said in response to the changes.

Lt. Corey Paulich of the Lake County Sheriff’s Office said neither Sheriff Brian Martin nor any county representatives had requested the changes.

“The sheriff is obligated to follow rules and laws set forth by the state, therefore, the sheriff’s office will be working with the Lake County Superior Court and the District Attorney’s Office to comply with this rule,” Paulich said.

At its Monday meeting, the Judicial Council also took action to stay eviction and foreclosure proceedings; allow courts to require judicial proceedings and court operations be conducted remotely, with the defendant’s consent in criminal proceedings; allow defendants to appear via counsel or remote technologies for pretrial criminal hearings; prioritize hearings and orders in juvenile justice proceedings and set a structure for remote hearings and continuances; extend the timeframes for specified temporary restraining orders; extend the statutes of limitations governing civil actions; and allow electronic depositions in civil cases.

Officials said it was the second emergency council meeting of court and branch leaders from around the state to consider further measures to ensure California courts can provide due process and access to justice while following stringent health directions to protect against COVID-19.

Courts remain open as "essential services" under Gov. Gavin Newsom's stay-home executive order.

The Lake County Superior Court had an initial closure that went into effect on March 18, later announcing limited operations through May 1, as Lake County News has reported.

“We are at this point truly with no guidance in history, law or precedent,” said Chief Justice Tani Cantil-Sakauye, chair of the council. “And to say that there is no playbook is a gross understatement of the situation.”

Cantil-Sakauye said that the council listened to suggestions from justice system partners, the public and the courts in developing the rules it enacted this week.

“Working with our court stakeholders, I’m confident we can preserve the rule of law and protect the rights of victims, the accused, litigants, families and children, and all who seek justice. It’s truly a team effort,” she said.

New bail rule being rolled out locally

The emergency rule to reduce jail populations established a mandatory statewide bail schedule effective no later than 5 p.m. Monday, April 13. The application of the revised bail schedule is mandatory for every superior court in the state.

The new bail schedule sets bail at $0 for all misdemeanors and felony offenses, with certain exceptions.

Chief among the exceptions are serious felonies as defined in Penal Code section 1192.7(c) and Penal Code section 667.5(c), including murder, rape, kidnapping, carjacking and numerous other serious crimes.

Also exempted from the $0 bail rule include felony and misdemeanor domestic violence, violations of domestic violence protective orders, registerable sex offense violations, possession of a firearm by a felon, felony looting, felony criminal threats and driving under the influence.

That new bail schedule applies to all accused persons held in pretrial custody and will stay in effect until 90 days after the governor declares that the state of emergency is lifted, Krones said.

Krones said the emergency bail schedule doesn’t restrict the ability of the court to deny bail under the California State Constitution Article I, section 12 or 28(f) (3).

Those portions of the State Constitution allow superior court judges to take into consideration the protection of the public, the safety of the victim, the seriousness of the offense, the defendant’s previous criminal record and the probability of the defendant’s appearance at trial or hearing of the case when setting, reducing or denying bail, Krones said.

“Due to this new emergency bail schedule, I expect that a number of pretrial inmates will be released from the Lake County Jail. Any of these released inmates will be given new court dates to appear and if they fail to appear without good cause we will be filing new charges for that failure to appear,” she said.

At the Lake County Jail, where beginning last month they had stopped booking all but felonies and several serious misdemeanor charges, on Thursday the sheriff’s office initially had estimated as many as 24 pretrial inmates could be released as a result of the new rules.

By day’s end, however, Paulich reported that only six inmates were eligible for the $0 bail, three of whom had posted bail already. That left three to be released on Thursday, bringing the jail population to below 190. The jail is licensed for 286 inmates, according to previous reports from Sheriff Martin.

Once the order is lifted, Krones said her office will request bail revert back to the previous amount in appropriate cases.

She assured Lake County residents that, “as your district attorney, I will do everything I can to protect our community in these difficult times.”

Asked if she has seen anything comparable in her career, Krones told Lake County News, “I can honestly say I have never had to deal with anything like this before and I was in the Army.”

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.



20-141 Emergency Rules-Complete Rule Set (as Adopted April 6 2020) by LakeCoNews on Scribd

Health officials report on demographics of COVID-19 patients, impacts on health care workers

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Written by: Elizabeth Larson
Published: 10 April 2020
LAKE COUNTY, Calif. – As statewide COVID-19 cases increase, health officials are reporting that nearly 10 percent of those with the illness are health care workers, while analysis of patients indicates infection rates are following the state’s population demographics.

On Thursday morning, the California Department of Public Health said that the state had 18,309 confirmed cases and 492 deaths. By Thursday night, the number of confirmed cases had surpassed 20,000, with more than 540 deaths, according to a survey of Public Health department websites statewide.

CDPH said Thursday that approximately 177,600 tests had been conducted in California by commercial, private and academic labs, as well as 22 state and county health labs. At least 163,704 results had been received, with another 13,900 pending.

The state said local health departments have reported that more than 1,800 health care workers have tested positive for COVID-19. The cases originate from a combination of on-the-job exposures and other situations, such as travel and close family contact.

In one example of health care workers being impacted, on Thursday the Merced County Department of Public Health reported that 10 staffers from the Sutter Health Rural Health Clinic in Los Banos tested positive for COVID-19.

Public health officials in Merced County are working with the clinic to contact all individuals who may have been exposed, and the clinic was closed to allow for proper disinfection and notification procedures.

Professor discusses virus, concerns about racial disparities

On Wednesday evening, State Sen. Mike McGuire hosted a virtual town hall on the novel coronavirus for Lake and Mendocino County residents.

Among McGuire’s panelists was Dr. Timothy Brewer, professor of epidemiology at the UCLA Fielding School of Public Health and of Medicine and a member of the Division of Infectious Diseases at UCLA’s David Geffen School of Medicine.

Brewer said that, because this is a new virus, recommendations to address it may change as time goes on and doctors learn more about it.

Initially, it was compared to the flu and other coronaviruses because little was known about it, Brewer explained.

Based on the reporting so far, Brewer said 7 percent of COVID-19 cases in the United States lead to intensive care with 16 percent requiring hospitalization. That’s consistent with what is being reported in other parts of the world.

The majority of cases, Brewer said, will have mild to moderate disease and won’t require hospitalization.

The patients who go to the hospital and eventually die tend to be older – above age 65 – and have other health issues, he said, adding that nationwide, only two patients under age 20 have died of it so far.

Brewer addressed the distribution of cases in California along racial lines. While COVID-19 has had more impact on the African American community in some parts of the country, that’s not the case in California so far, with case percentages in line with the state’s demographics.

On Thursday, CDPH released demographics for California’s cases that illustrated Brewer’s observations, with race and ethnicity data for patients roughly in line with the state’s overall diversity:

– Latinos: 30 percent of cases and 26 percent of deaths (39 percent of the state’s population).
– Whites: 34 percent of cases and 38 percent of deaths (37 percent of the state’s population).
– African Americans/blacks: 7 percent of cases and 8 percent of deaths (6 percent of the state’s population).
– Asians: 13 percent of cases and 18 percent of deaths (15 percent of the state’s population).
– Multiracial: 2 percent of cases and 1.5 percent of deaths (2 percent of the state’s population).
– American Indians or Alaska Natives: 0.2 percent of cases and 0.4 percent of deaths (0.5 percent of the states’ population).
– Native Hawaiians or Pacific Islanders: 2 percent of cases and 0.8 percent of deaths (0.3 percent of the state’s population).
– Other: 13 percent of cases and 8 percent of deaths.

Brewer on Wednesday also pointed out that New York has nearly 10 times the number of cases reported in California so far.

He attributed California’s lower numbers to the very aggressive work of public health officers and leaders who initiated the shelter in place orders.

Those efforts, Brewer said, are lowering California’s curve.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

Californians file millions of unemployment claims; more benefits coming for workers impacted by COVID-19

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Written by: LAKE COUNTY NEWS REPORTS
Published: 10 April 2020
Gov. Gavin Newsom announced that starting this Sunday, California workers who are receiving unemployment benefits will begin receiving an extra $600 on top of their weekly amount, as part of the new Pandemic Additional Compensation, or PAC, initiated by the CARES Act.

This comes as record numbers of unemployment claims are being filed on a weekly basis in the state, the governor reported.

Newsom said this is an important benefit that will help individual Californians and small businesses, especially those that are struggling economically as a result of COVID-19.

“Many Californians are feeling the effects of this pandemic, and this added benefit is very important to our workers so they have needed resources during this difficult time,” said Newsom.

In the last four weeks, California has processed about 2.3 million unemployment insurance claims, which is more than the total number of claims filed in 2019.

Just for the week ending on Saturday, April 4, the California Employment Development Department processed 925,450 claims, which is a 2,418 percent increase over the same week last year.

Additionally, the Employment Development Department paid a total of nearly $684.3 million in unemployment benefits to Californians in need in the last four weeks, supporting families and their local economies.

For more information on how to apply for unemployment insurance benefits and what claimants need to know about these new $600 additional payments, visit the EDD website.

“I want to thank both our federal partners, as well as everyone in our Labor Agency and the staff in the Employment Development Department, who are working around the clock to ensure California workers have the resources they need to get through this difficult time,” said Newsom.

Visit www.covid19.ca.gov for critical steps Californians can take to stay healthy and resources available to those impacted by the outbreak.

California Fish and Game Commission reschedules emergency meeting on recreational fishing

Details
Written by: Lake County News reports
Published: 10 April 2020
After being overwhelmed with the response to its Thursday emergency meeting on possible delays or suspensions to recreational fishing due to COVID-19, the California Fish and Game Commission said it has rescheduled the virtual meeting to next week.

Hundreds of people got onto the call – many of them angrily speaking over each other – and as a result, some of the commissioners were not to be able to get onto the call, which raised the issue of quorum.

Within minutes, the virtual meeting came to a halt.

Officials said the call is being rescheduled. The time and platform have so far not been determined.

Due to the global COVID-19 pandemic, the commission was set to discuss whether or not to temporarily grant authority to the California Department of Fish and Wildlife to decide whether to delay, restrict, or suspend sport or recreational fishing in order to prevent and mitigate public health risks that may arise when people travel for fishing trips or congregate while participating in available fishing opportunities.

CDFW and the commission have received requests from county representatives and local health authorities requesting delays to sport or recreational fish openers such as the Eastern Sierra trout opener scheduled for April 25.

In a statement, Commission President Eric Sklar and California Department of Fish and Wildlife Director Charlton H. Bonham said they were “appreciative of the passion we heard” from those who joined the Thursday morning call.

“It is clear that the call volume was overwhelming and the technology wasn't ready. We acknowledge that this is a challenge as we attempt to navigate new technology for meetings,” they said.

“We are frustrated by what happened today and are looking for a remedy now. We understand that many members of the public and media were unable to join the call and because we also understand the importance to many of you, we need to ensure that you have an opportunity to provide input,” the statement from Sklar and Bonham said.

They said they have received a great deal of input from counties and tribes, “and we are grateful for that.”

The statement continued, “We also want to make it crystal clear that today's proposed decision was not about banning fishing statewide or locally. We are not contemplating statewide closure. The decision is to help prepare us to work with counties and tribes to make those decisions based on their requests. We are working on a tailored and surgical approach based on local needs and knowledge. We have already received some of these requests. Today's proposed action was an effort to become more nimble and ready to react when asked by a local entity to act."

When the meeting is rescheduled, it will be posted on the commission's website, sent out via listserv and advised to the media.

Comments can be made for the record at This email address is being protected from spambots. You need JavaScript enabled to view it. .
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