Unfortunately, prognostications that COVID-19 would disappear post-election did not turn out to be true. As House Stark would say, winter is coming. Everyone seems to be preparing, including Gov. Cooper, who on Monday mandated that masks must be worn indoors whenever someone not in the same household is present and outdoors whenever physical distancing isn’t possible.

Our counties’ court staff, who have already been diligently working to keep courtrooms safe and the wheels of justice turning, have seen Chief Justice Beasley’s emergency directives extended, and in some counties, have issued new updates regarding courthouse procedure and courtroom accessibility. For instance, in Wake County, directives have been issued reducing civil court and clerk operations for Thanksgiving week and beyond, including eliminating all in-person civil superior court hearings through 12/31. Criminal trials have resumed and will continue, but with a significant different look and feel (click here for WRAL’s peek into the courtroom, and here for a picture of the jury packet being given to jurors). A bulleted outline of Wake County’s courthouse operation is below.

As a part our section’s council meeting last week, it was impressed upon us how important it is that all of us as practitioners remain up to date on courthouse operations for every county in which we are appearing. Courthouse personnel are already under tremendous strain to adapt to the new normal. Being up to date and knowing how to stay up to date can help to reduce that strain as well as make us better advocates for our clients. Luckily, www.nccourts.gov makes it a little easier on all of us. Visiting the locations page allows you to select each county in the state and see the highlighted information for that county in the navy-blue box at the top of the page. Scrolling down to the “Updates” section will provide expanded information for most counties.

On behalf of the section’s council, I wish each of you an enjoyable and safe Thanksgiving.

Wake County Court Operations

Most recent memo 11/16/20 – temporary reduction in CIVIL court operations
- Four domestic courtrooms, general civil district, small claims – closed this week; instructions regarding resetting of cases in memo
- Civil superior – remote only through the end of 2020
  - Starting with the 11/30 calendar, we will no longer email a Webex link for individual hearings because we now have a virtual courtroom dedicated to civil superior court – information regarding how to access the room and the meeting ID # will be provided at the top of the posted calendars going forward after this week – please do not email Lisa Tucker to request an individual link
- Filings should be sent to the Clerk by mail or by leaving in a drop box
- Emergency filings will be accepted by appointment / individual request only
  - Emergency = need a judge for immediate relief (TRO, emergency custody, motions to stay lockout); emergency is not an impending deadline expiration
- DV filings accepted on the 5th floor in the DV Unit
- File access by email request
Criminal District and Superior operations were expanded in June – see memos on website
Domestic / Family Court – changes announced in August / update coming later this week – will be posted to website
Civil District update coming later this week – will be posted to website

Wake County Jury Trials

Jury Trial Resumption Plan – on the county’s page on NCCourts.gov
Pages 4-7 provide guidance on how the DA and the TCA will identify appropriate cases for trial
Civil
- No jury trials before Jan 1, 2021
- Priority given to those who agree to a bench trial or stipulate to a jury of less than 12
- We have one courtroom in the civil courthouse that can safely accommodate a civil jury trial, so civil district and civil superior will have to share (3 courtrooms in the WCJC for criminal jury trials)
Started first criminal jury trial on Monday (11/16) – using two courtrooms; requires additional staff from clerk and sheriff; requires advanced planning of juror questioning; jury selection and trial will take longer (Amanda Lamb & WRAL story and footage of courtroom – Jury trials look different amid a pandemic – posted on 11/17)

November 24, 2020/by Litigation