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PARKERSBURG -- Courts in West Virginia and Ohio Thursday and Friday issued protocols in response to the COVID-19 coronavirus outbreak.
Chief Judge Thomas E. Johnston of the U.S. District Court for the Southern District of West Virginia Friday ordered all civil and criminal jury trials and grand jury proceedings in the district continued pending further order of the court. The continuances will be excluded under the Speedy Trial Act, he said.
Courthouses in the district will remain open. Clerk's Office staff will receive mail and electronic filings may still be made througth the CM/ECF system.
The court will end or modify the order no later than March 27.
Chief Judge Algenon L. Marbley of the U.S. District Court for the Southern District of Ohio issued a similar order on Thursday. He cited the severity of the risk to the public and the mandates and recommendations from the Centers for Disease Control and the declaration from the governor.
Marbley ordered all federal courthouses shall remain open and staff in the clerk's office will be available by telephone, mail will be received and intake desks will remain open for filings. Electronic filings can still be made through the CM/ECF system.
"The public is encouraged to continue utilizing court services while following all applicable public health guidelines," the order said.
Marbley said he would amend or discontinue the order no later than April 13.
Effective Thursday, orders of the court are:
* All civil and criminal matters scheduled for jury trial before any district or magistrate judge in the Southern District of Ohio, including any associated deadlines, are continued for 30 days.
* All grand jury proceedings in this district are continued, except those that are 30-day cases or are necessary to protect the safety of the community.
* Because of the court's reduced ability to obtain "an adequate spectrum of jurors" and the public health issues on the availability of counsel and court staff to be present in the courtroom, the time period of the continuances implemented by the order will be excluded from the Speedy Trial Act, "as the court specifically finds that the ends of justice served by ordering the continuances outweigh the best interests of the public and any defendant's right to speedy trial…"
* Case-by-case exceptions may be ordered on the discretion of the court.
* The order does not affect the court's consideration of civil and criminal motions that can be resolved without oral argument.
The directives from the West Virginia Supreme Court of Appeals are intended to ensure the court system remains open and functions as normally as possible, according to Chief Justice Tim Armstead. They are effective for circuit, family, business and magistrate courts.
"We want to keep courts open, but we want to do all we can to keep people safe," Armstead said on Thursday. "In addition to the protocol for employees, the court also is issuing guidance intended to ensure the safety of litigants and the public."
The high court in West Virginia encouraged judicial officers to postpone proceedings that are not time sensitive, use conference calls and video conferencing to reduce person-to-person contact and schedule dockets to limit the number of people gathering in large numbers. Notices are being sent to the West Virginia Bar Association and will be posted in courthouses that will give directions to parties, attorneys, witnesses, jurors and the public.
Special sick leave will be provided to judicial employees under certain conditions.
Out-of-state travel is temporarily canceled except in special circumstances and must be approved by the administrative director.
Two out-of-Charleston Argument Dockets this spring have been canceled, the court said. Cases to be heard by the court included in front of high school students in Braxton County on Wednesday and at the West Virginia University College of Law on March 25.
The Legal Arguments for West Virginia Students docket will be rescheduled in Braxton County in the fall.
Arguments that were scheduled for Tuesday and Wednesday are postponed. Three cases each day were scheduled for arguments.
Access to the Marietta Municipal Court building will be limited to people with business with the court or probation office, Judge Janet Welch said. Plaintiffs who are to appear for a traffic ticket or other charge can ask to continue their initial appearance, with exceptions.
Requests for a continuance can be made by calling the court at 740 373-4474 option 2. Waivers can be paid by mail, phone or online at mariettacourt.com.
The court has stepped up cleaning and public health procedures, she said.
Plans are being worked out for Washington County Common Pleas Court, with an administrative order expected to be filed Monday or Tuesday, said Angie Stephens, court administrator.
"We are remaining open," she said. "We're trying to limit the number of people coming in."
Jess Mancini can be reached at jmancini@newsandsentinel.com.