Opinion
Supreme Court Case No. 20S-CB-123
04-24-2020
In the MATTER OF ADMINISTRATIVE RULE 17 EMERGENCY RELIEF FOR INDIANA TRIAL COURTS RELATING TO the 2019 NOVEL CORONAVIRUS (COVID-19).
Order
On March 6, 2020, Governor Holcomb declared a public health emergency in Indiana relating to the 2019 novel coronavirus (COVID-19); on March 13, President Trump declared a national emergency relating to the virus; and on March 23, April 6, and April 20, Governor Holcomb issued Executive Orders directing Hoosiers to remain in their homes except when at work or for permitted activities, such as taking care of others, obtaining necessary supplies, and for health and safety.
On March 16, this Court ordered trial courts statewide to implement continuity-of-operations plans and to seek appropriate emergency relief pursuant to Administrative Rule 17. Trial courts statewide petitioned for, and were granted, emergency relief; and on April 6, this Court found the public health emergency to be ongoing and extended trial courts' emergency relief through at least May 4. Because the public health emergency is ongoing, the Court, sua sponte , hereby further extends all Administrative Rule 17 relief previously granted under the case numbers listed in Exhibit A attached to this order and incorporated by reference.
The Court also finds that although the public health emergency is continuing, it is prudent for courts to begin developing plans for gradually expanding operations as conditions permit. The date set by this extension order may not be the final extension date. The exact date on which courts will be authorized to begin this transition will be conditions-driven and follow recommendations of the Executive Branch, including the Indiana State Department of Health, as well as the Court's own review. Should conditions not improve or worsen, this date may continue to be extended. The critical question to begin addressing now is how to transition—not when.
To aid in this effort, the Court has convened a task force, chaired by the President of the Indiana Judges' Association, Judge Vicki Carmichael, Clark Circuit Court #4, and including judicial officers from across the state and staff from the Office of Judicial Administration. The task force will develop guiding principles on how to safely and responsibly expand operations in Indiana's courts. That task force will also invite input from state-level justice system partners like the Indiana State Bar Association, prosecutors, public defenders, sheriffs, and others. Further, input from trial court judges is welcome. The Chief Justice of Indiana and the Chief Administrative Officer of the Indiana Supreme Court are also working regionally with their counterparts in surrounding states, receiving national best practices from the National Center for State Courts, and providing input to the task force. Guidance from that group will be forthcoming.
Being duly advised, the Court accordingly ORDERS as follows:
1. The effective date of all orders granting emergency relief to trial courts under Administrative Rule 17 is extended through May 17, 2020 , including but not limited to:
• tolling of time limits,
• authority to continue jury trials,
• authority to review county-jail and direct placement community correction sentences of non-violent inmates and juveniles, and
• prohibition on issuing new writs of attachment, civil bench warrants, or body attachments, and staying any such writs or warrants not yet served.
Absent further order from this Court, trial courts should plan to begin expanding operations beginning on May 18, 2020.
2. All deadlines for trial courts to resume jury trials or submit status
reports under previous Administrative Rule 17 orders for trial courts are vacated. Instead, courts shall:
• Coordinate with county emergency and public health authorities to ensure local health conditions and facility readiness are appropriate for gradually expanding judicial proceedings.
• Convene a group of local justice system partners, including without limitation the county clerk, sheriff, private practitioners, prosecutor, child services, and criminal defense counsel, to collaborate on a safe and responsible approach to expanding operations.
• Not resume jury trials until at least June 1, 2020, without prior approval from this Court. Courts seeking approval to hold a jury trial before that date must petition this Court showing that (a) the matter is uniquely essential and warrants an earlier jury trial setting; (b) local health authorities are aware of the proposed trial setting; (c) local health conditions are appropriate to hold a jury trial; (d) the parties have consented in writing to holding an earlier jury trial; and (e) the jury trial will be held in compliance with all health and safety precautions directed by those local health authorities.
• Develop transition plans for expanded operations and submit those plans for this Court's approval no later than May 15, 2020 . The Court will issue specific guidance by future order, but courts' plans should generally include proposed timelines for resuming normal staffing and loosening restrictions on spectators in courtrooms, plans for continuing or expanding remote hearings, and processes to determine whether conditions permit courts to start resuming jury trials. Public health considerations will largely determine these timelines; and, therefore, trial courts will be afforded all reasonable flexibility in decisions to maintain limitations on operations, in-person access to proceedings, and the ability to resume jury trials.
3. In all other respects except as set forth above, existing orders granting emergency relief under Administrative Rule 17 remain in full force and effect.
4. In light of the extension granted by this order, any individual petitions to extend emergency relief beyond May 4 are, to the extent not addressed by this order, denied as moot.
Exhibit A
Court Case # Adams Circuit & Superior 20S-CB-142 Allen Circuit & Superior 20S-CB-127 Bartholomew Circuit & Superior 20S-CB-178 Benton Circuit & Superior 20S-CB-215 Blackford Circuit & Superior 20S-CB-189 Boone/Zionsville Town 20S-CB-220 Boone Circuit & Superior 20S-CB-139 Brown Circuit 20S-CB-170 Carroll Circuit & Superior 20S-CB-155 Cass Circuit & Superior 20S-CB-154 Clark Circuit 20S-CB-111 Clay Circuit & Superior 20S-CB-176 Clinton Circuit & Superior 20S-CB-175 Crawford Circuit 20S-CB-200 Daviess Circuit & Superior 20S-CB-218 Dearborn/Lawrenceburg City 20S-CB-190 Dearborn Circuit & Superior 20S-CB-156 Decatur Circuit & Superior 20S-CB-162 DeKalb/Butler City Court 20S-CB-248 DeKalb Circuit & Superior 20S-CB-119 Delaware Circuit & Superior and Muncie 20S-CB-114 City Dubois Circuit & Superior 20S-CB-149 Elkhart Circuit & Superior and Elkhart, 20S-CB-177 Goshen, Nappanee City/Town Fayette Circuit & Superior 20S-CB-194 Floyd Circuit & Superior 20S-CB-122 Fountain, Parke, Warren & Vermillion 20S-CB-147 Franklin Circuit 20S-CB-152 Fulton Circuit & Superior 20S-CB-179 Gibson Circuit & Superior 20S-CB-167 Grant/Gas City 20S-CB-224 Grant Circuit & Superior 20S-CB-193 Greene Circuit & Superior 20S-CB-145 Hamilton/Carmel City 20S-CB-199 Hamilton/Fishers City 20S-CB-202 Hamilton Circuit & Superior 20S-CB-133 Hancock Circuit & Superior 20S-CB-183 Harrison Circuit & Superior 20S-CB-121 Hendricks/Avon Town 20S-CB-201 Hendricks/Brownsburg Town 20S-CB-210 Hendricks/Plainfield City 20S-CB-245 Hendricks Circuit & Superior 20S-CB-137 Henry/New Castle City 20S-CB-206 Henry Circuit & Superior 20S-CB-153 Howard Circuit & Superior 20S-CB-171 Huntington Circuit & Superior 20S-CB-124 Jackson Circuit & Superior 20S-CB-187 Jasper Circuit & Superior 20S-CB-140 Jay Circuit & Superior 20S-CB-216 Jefferson Circuit & Superior 20S-CB-131 Jennings Circuit & Superior 20S-CB-186 Johnson Circuit & Superior and Franklin, 20S-CB-158 Greenwood City/Town Knox Circuit & Superior 20S-CB-213 Kosciusko Circuit & Superior 20S-CB-188 LaGrange Circuit & Superior 20S-CB-148 Lake/Crown Point City 20S-CB-207 Lake/East Chicago City 20S-CB-195 Lake/Gary City Court 20S-CB-243 Lake/Hobart City 20S-CB-205 Lake/Lake Station City 20S-CB-247 Lake/Merrillville Town 20S-CB-221 Lake/Schererville Town 20S-CB-211 Lake Circuit & Superior 20S-CB-110 LaPorte Circuit & Superior 20S-CB-128 Lawrence Circuit & Superior 20S-CB-117 Madison Circuit and Anderson, 20S-CB-141 Edgewood, Elwood, Pendleton City/Town Marion Circuit & Superior 20S-CB-113 Marion County Small Claims 20S-CB-144 Marshall Circuit & Superior 20S-CB-146 Martin Circuit 20S-CB-164 Miami Circuit & Superior 20S-CB-157 Monroe Circuit 20S-CB-138 Montgomery Circuit & Superior 20S-CB-219 Morgan/Martinsville City 20S-CB-225 Morgan Circuit & Superior 20S-CB-150 Newton Circuit & Superior 20S-CB-174 Noble Circuit & Superior 20S-CB-196 Ohio Circuit 20S-CB-166 Orange Circuit & Superior 20S-CB-204 Owen Circuit 20S-CB-120
Perry Circuit 20S-CB-181 Pike Circuit 20S-CB-209 Porter Circuit & Superior 20S-CB-198 Posey Circuit & Superior 20S-CB-184 Pulaski Circuit & Superior 20S-CB-160 Putnam Circuit & Superior 20S-CB-191 Randolph/Union City City 20S-CB-242 Randolph/Winchester City 20S-CB-229 Randolph Circuit & Superior 20S-CB-217 Ripley Circuit & Superior 20S-CB-214 Rush Circuit & Superior 20S-CB-203 Scott Circuit & Superior 20S-CB-126 Shelby Circuit & Superior 20S-CB-143 Spencer Circuit 20S-CB-180 St. Joseph Circuit & Superior 20S-CB-130 Starke/Knox City 20S-CB-226 Starke Circuit 20S-CB-169 Steuben Circuit & Superior 20S-CB-192 Sullivan Circuit & Superior 20S-CB-168 Switzerland Circuit 20S-CB-118 Tippecanoe Circuit & Superior and West 20S-CB-161 Lafayette City Tipton Circuit 20S-CB-134 Union Circuit 20S-CB-212 Vanderburgh Circuit & Superior 20S-CB-136 Vigo Circuit & Superior and Terre Haute 20S-CB-132 City Wabash Circuit & Superior 20S-CB-125 Warrick Circuit & Superior 20S-CB-135 Washington Circuit & Superior 20S-CB-159 Wayne Circuit & Superior 20S-CB-129 Wells/Bluffton City 20S-CB-223 Wells Circuit & Superior 20S-CB-163 White Circuit & Superior 20S-CB-173 Whitley Circuit & Superior 20S-CB-185