After two months of closure, Kentucky courts to reopen June 1 on a limited basis
Kentucky’s state courts will resume civil and criminal proceedings June 1, although jury trials are still on hold and much business will continue to be done using long-distance technology to limit the potential spread of the novel coronavirus.
Chief Justice John Minton Jr. issued a six-page order Friday explaining how courthouses will reopen on a limited basis. Minton closed the courts more than two months ago, other than for certain high-priority hearings.
“As you know, the majority of court matters are not voluntary,” Minton said Friday.
“People can choose whether to eat at a restaurant or go shopping, but in most instances they don’t get to choose whether they go to court. We’re incorporating as many of the governor’s requirements as possible into our orders to maintain a high standard of safety for our employees, elected officials and the public.,” he said.
Starting June 1, Minton said, state courts can resume hearing civil and criminal cases. Grand jury proceedings will begin on that date in large, well-ventilated rooms with space for social distancing. However, jury trials will continue to be postponed until at least Aug. 1, he said.
Attorneys should prepare and litigate cases, proceeding with discovery, filing motions and negotiating settlements. But courts will use telephone and video technology to conduct proceedings remotely when possible, Minton wrote.
Court filings should be made electronically, through the mail or via a drop box outside the courthouses, to avoid having lawyers enter clerks’ offices, he wrote. Likewise, payments for fines, court costs or restitution should be paid by phone, mail or electronically through ePay at kycourts.gov, not inside courthouses.
If judges decide that a proceeding should be held in person, courtroom attendance must be capped at 33 percent of capacity, Minton said. Attendance will be limited to the parties and their attorneys, witnesses and others the judge believes to be necessary. A video or audio feed should be provided to make courtroom proceedings available to the public and news media unless the matter is confidential, he said.
During an in-person courtroom proceeding, social distancing must be observed, and all microphones, tables and other surfaces will be disinfected after each use, he said. The scheduling will be arranged to avoid having a large number of people enter or exit simultaneously or congregate in hallways.
Masks or other facial coverings must be worn by everyone in the courthouses other than people in private offices and judges sitting on the bench if there is no one within 10 feet of them, he said.
The public won’t be allowed to enter courthouses if they show symptoms of COVID-19, such as a fever, aches or cough, and court employees will be sent home if they show symptoms. Staffing will be limited to 50 percent, and working from home will be encouraged for court employees.
The public won’t be permitted to bring purses or other enclosed bags into courthouses unless medically necessary, Minton said.
Like the state courts, the federal courts have largely shuttered their buildings since the coronavirus pandemic began in March, other than for high-priority hearings.
In his most recent order, U.S. District Chief Judge Danny Reeves continued the hold on trials in the Lexington-based Eastern District of Kentucky “based on public health recommendations and the severity of risk posed to the public.” The federal courts have authorized video technology for some proceedings, such as felony plea hearings, that can’t wait and can’t safely be conducted in person during the pandemic.
This story was originally published May 19, 2020 at 3:11 PM.
