What changes have occurred in California’s legal system in times of coronavirus?

What changes have occurred in California’s legal system in times of coronavirus?

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The Los Angeles Times published an article at the beginning of March about what had been going on in the California legal system as a consequence of the coronavirus. Jurors sitting apart for maintaining social distancing and a system that has to keep on going because those accused of a crime cannot be deprived of their process rights are just two of the things the article refers to.

“You can’t just shut down the public safety function in a crisis,” said Michele Hanisee, president of the union representing Los Angeles County deputy district attorneys, interviewed by the said newspaper. Additionally, since April 21, the courts in this county launched a program to conduct arraignments via video as part of a series of actions to reduce traffic in the court system (the largest in the United States).

How has the coronavirus Covid-19 pandemic affected the court system in California?

Everyone’s lives have been impacted by many aspects because of the coronavirus outbreak, not only in the US but all over the world. As for the court and legal system in the state of California, there have been months-long delays in trials, jurors over the age of 60 have been excused and some courthouses have closed altogether.

Los Angeles Times also said in their article published in April that it is known that several LA County Sheriff’s Department employees, jail staff and inmates have contracted the coronavirus. This is why it is more important than ever to take certain measures to reduce the spread of the virus.

“Defendants must consent to the video arraignments, but can still opt to appear in person. The remote hearings began Tuesday afternoon in downtown LA’s notoriously crowded arraignment court, Department 30, where deputies had blocked off several rows in the gallery with caution tape to enforce social distancing,” the Los Angeles Times article explained.

Ann Donlan, LA County Superior Court’s spokeswoman, said that the administration is focused on slowing down operations in a responsible manner. “There’s a balance between meeting due process rights and public health and safety,” she told LA Times.

Dramatic steps by the California court system to stop the spread of the coronavirus

Among other steps that the California court system has applied with the objective to stop the spread of the coronavirus are setting bail at zero for misdemeanor and lower-level felony offenses and the expansion of court hearings held by video or telephone.

As we explained above, “for criminal and juvenile proceedings, including arraignments and preliminary examinations, the council will direct courts to prioritize the use of technology to meet legal deadlines and ensure that defendants and children are not held in custody without timely hearings, according to a report prepared for Monday’s meeting”, Los Angeles Times explained in another article published on April 6.

This report also says that trial courts must protect defendants’ constitutional rights to have the assistance of counsel and also to be personally present with counsel. However, at the same time, the protection of the health of the defendants, judicial officers, court staff, counsel, and all those who are required to be present in court has to be taken into consideration.

In addition, there is an increase of coronavirus cases in California’s prisons and a federal court denied an emergency motion to force California prison officials to move thousands of inmates out of harm’s way. “The deciding judges wrote, the decision on whether to require mass prison releases and other measures is not theirs to make”, the article by LA Times said. 
If you need a criminal defense attorney in San Diego, California and have questions about how the current situation with the coronavirus outbreak could affect your case, contact Kannan Law today for legal assistance. We are ready to help!