Any administrative lawyer who represents a governmental entity of any size or who represents employees of governments will want to read this:
The new U.S. Families First Coronavirus Response Act affects all types of government employers, of all sizes. This blog postby the School of Government’s Diane Juffras indicates that the Act kicks in more or less immediately. The blog post is longer than usual because it offers examples of how the different new provisions of the complex new law interact with existing laws.
Effective immediately and by Order of Chief Justice Beasley, all court documents due to be filed in any non-appellate state court on or after March 16, 2020 and by April 17, 2020 will be deemed timely if filed by the close of business on April 17, 2020. You can find the accompanying press release here, and below is a quick summary:
Relevant language: “[A]ll pleadings, motions, notices, and other documents and papers that were or are due to be filed in any county of this state on or after 16 March 2020 and before the close of business on 17 April 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely filed if they are filed before the close of business on 17 April 2020.” Beyond filings, the Order also applies to “all other acts that were or are due to be done [in civil actions, criminal actions, estates and special proceedings] in any county of this state[.]”
The Order applies to filings subject to statute of limitations periods expiring between March 16, 2020, and April 17, 2020 (the Order does not, however, toll statutes of limitations; it has no effect on statutes of limitations that are due to expire on or after April 18, 2020).
The Order does not apply to any appellate court filings. However, the Supreme Court has issued a catastrophic conditions order and appellate court arguments are being postponed. For more information on this, see Beth Scherer’s post here.
The Clerks of Superior Court in Wake County and Mecklenburg County are reducing their hours of operation and staffing, and other districts may soon follow suit. Wake County Clerk of Superior Court counters will be open 1 p.m. to 5 p.m., and filers are encouraged to use drop boxes on the first floor of the courthouse. The Mecklenburg Clerk of Superior Court’s office will be open 9 a.m. to 12 p.m., and emergency and essential filings will be accepted between 12 p.m. and 5 p.m. at the Criminal Magistrate’s Office. Clerks are requesting that attorneys please not come to courthouse facilities unless required to do so.
At publication time, sheriff’s offices remain open as normal and are receiving and serving papers.
North Carolina’s courts have taken further steps to address the impact of COVID-19 on the court system.
North Carolina Supreme Court
The Supreme Court will not be holding travel sessions in April or May. Cases previously scheduled for April or May may still be heard, at the litigants’ option:
Via WebEx the week of May 4 at a specific date and time set by the Court,
Julian Mann, III, Director and Chief Administrative Law Judge of the NC Office of Administrative Hearings (OAH), has issued a response to the COVID-19 emergency. The responses addresses how OAH and all its constituent parts are responding to the COVID-19 emergency, as well as information for attorneys, litigants, agencies, boards and commissions. The response includes: general information, the Hearings Division, the Rules Division, the Civil Rights Division, the Rules Review Commission, and the Human Relations Commission.
Below are the most recent updates issued by the North Carolina Industrial Commission on its website in response to the ongoing concerns over COVID-19:
IC Staff Working Remotely; Email Communication Encouraged
In light of Governor Cooper’s March 10, 2020 State of Emergency declaration regarding COVID-19 and consistent with guidance issued by the NC Department of Human Resources, the Industrial Commission is encouraging its staff to work remotely to the greatest extent possible. The Commission remains open for business but encourages you to contact Commission staff by email instead of by phone. Commission employees working remotely have easy and quick access to their email inbox on their laptops and other devices. By contrast, they do not have real time access to office phone calls when working remotely, and their voicemail messages are not forwarded to their personal phones. Email addresses can be found by going under the “Sections” tab on the Commission’s Home Page and clicking on the appropriate section of the Commission. The Commission is committed to continuing to serve you during this challenging time and appreciates your understanding and assistance.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00WorkersComphttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngWorkersComp2020-03-19 09:24:262020-03-19 11:33:47Additional Updates in Light of COVID-19
Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
NCBA IPL section Blog News Blasts for March 17, 2020
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2020-03-18 10:45:372020-03-18 10:50:52MacCord’s List: IP News & Notices From Art MacCord
We are in unprecedented times with COVID-19 (Coronavirus). It is now more important than ever that we help our neighbors and those who are not as fortunate. I am confident that each of you is doing your part.
Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those, nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods, and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2020-03-17 16:12:402020-03-18 12:58:18Fight Hunger, Help Others in the COVID-19 Pandemic - Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!
COVID-19 (coronavirus) has created uncertainty in all areas including in our professional lives. The following are a few ethical considerations that litigators should keep in mind during this time.
COMMUNICATION: Make sure to update and timely respond to your clients. North Carolina Rule of Professional Conduct 1.4 governs communications between lawyers and their clients. Rule 1.4 requires, among other things, that lawyers keep their clients “reasonably informed about the status of the matter.” Clients with pending matters may be concerned about the impact of Chief Justice Beasley’s March 13, 2020 Order on their particular case. Lawyers with cases impacted by the Order should provide guidance to their clients on the current impact and potential impact of the matter. It is appropriate to tell your clients that things are in flux, but that you are monitoring developments.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2020-03-17 12:59:462020-03-17 15:58:46Ethical Considerations for North Carolina Litigators During COVID-19
This is a post to provide the Section with some updates in light of the changes, postponements, and closures as a result of COVID-19/Coronavirus. This is an evolving situation that will have varying impacts on each of us. We encourage everyone to remain flexible. As additional information is disseminated, we will be sure to share it with you.
Due to concerns regarding safety and public gatherings, the Section’s social scheduled for April 23, 2020 at the Greensboro Grasshoppers baseball game has been cancelled. There should be additional social events scheduled in the future, so stay tuned for those.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00WorkersComphttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngWorkersComp2020-03-16 16:37:142020-03-17 16:03:28Updates in Light of COVID-19
Criminal Justice Section members should pay close attention to rapidly developing guidance from state and federal courts concerning COVID-19. The most recent guidance is summarized below, and the relevant orders are linked. Please also check with your local courts to track developments affecting you and your clients; as of 11:00 a.m. Monday, March 16, 2020, 16 counties were reporting court closings and/or advisories.
NC State Courts
Chief Justice Beasley entered an order on Friday, March 13 regarding the operation of the North Carolina court system.
By Art MacCord
