STATE OF NORTH CAROLINA, COUNTY OF BUNCOMBE

IN THE GENERAL COURT OF JUSTICE

TWENTY-EIGHTH JUDICIAL DISTRICT

 

ADMINISTRATIVE ORDER

May 17, 2021

Re: Buncombe County Courthouse Covid-19 Mask Requirements

This matter comes on before the Senior Resident Superior Court Judge and Chief District Court Judge of the 28^th Judicial District, in exercise of their in-chambers jurisdiction, through the “inherent power the court [having] the authority to do all things that are reasonably necessary for the proper administration of justice” (Beard v. North Carolina State Bar, 320 N.C. 126, 129 (1987)) and pursuant to authority delegated by the Chief Justice of the North Carolina Supreme Court. (This document is hereinafter referred to as this “Local Order”).

On May 13, 2021 the U.S. Centers for Disease Control and Prevention issued new recommendations, noting that fully vaccinated people are less likely to transmit COVID-19.

The face covering requirement remains in effect with respect to public transportation, childcare centers, camps, long term health care facilities, homeless service providers, and clients of homeless service providers.
Governor Cooper followed suit on May 14, 2021, issuing an Executive Order citing the improvements in the State’s key COVID-19 metrics and the progress in the State’s COVID-19 vaccinations. Noting the obstacles involved in distinguishing between vaccinated and unvaccinated North Carolinians, the Executive Order provides that the face covering requirement could be lifted in most settings, and the capacity restrictions and social distancing requirements could be lifted for all settings.

Pursuant to the May 10, 2021 Order of the Chief Justice of the Supreme Court of North Carolina (“the Order”) (herewith attached), the Chief Justice directed adherence to Article I, Section 18 of the North Carolina Constitution providing that “[a]ll courts shall be open” and that “justice shall be administered without favor, denial, or delay.” The Order also required the Judicial Branch to fulfill this mandate in ways that prioritize and protect the health and safety of judicial officials and employees and the public.

The Chief Justice determined and declared under N.C.G.S. 7A-39(b)(2) that catastrophic conditions resulting from the COVID-19 outbreak have existed and continue to exist in all counties of this state.

The Order recognized that “local courthouses are in the best position to address health and safety concerns” and emphasized that, “[g]iven the grave impact of further delaying justice, it is imperative that the Judicial Branch do its best to continue to move closer to fully opening courts.” Pursuant to the Order, the Chief Justice extended Emergency Directives 2, 3, 5, 8, 1 1, 12, 14, 15, and 21 for an additional thirty days to ensure the continuing operation of essential judicial functions, and the same shall continue to be carried out by the undersigned. However, pursuant to the May 14, 2021 Modification of the Order (“the Modification”), Emergency Directive 21 (requiring face coverings in common areas of court facilities) is eliminated and “instead leaves that decision to the informed discretion of local court officials.’

Given the large and now increasing volume of business in Buncombe County court facilities and local information regarding COVID-19, the undersigned determine that Emergency Directive 21 shall be extended through June 12, 2021. Therefore, face coverings must be worn by anyone conducting business inside the courthouse unless directed otherwise by a court official. As we monitor the re-opening of the state by way of relaxed COVID-19 protocols, we will re-evaluate remaining safety measures for court facilities.

Buncombe County Courts have operated without a closure for more than one year during the COVID-19 pandemic, and jury trials resumed February 15, 2021. This has been possible because of open lines of communication between courthouse stakeholders and the public, sound guidance from local and state health professionals, and safety modifications to court facilities.

We believe some continued restraint is necessary for the safe operation of our courts and for the safety of court personnel and citizens doing business in the courts. This order will expire June 12, 2021 unless extended by the Senior Resident Superior Court Judge.

Pursuant to the provisions of the Order and Modification of the Chief Justice, it is HEREBY ORDERED that:

I. The Emergency Directives extended pursuant to the Order of the Chief Justice (Emergency Directives 2, 3, 5, 8, 11, 12, 14 15, and 21) shall be extended through June 12, 2021 unless superseded by further order of the Chief Justice.

II. All judicial officials should minimize large gatherings to the greatest extent possible. The judicial official with jurisdiction over an individual proceeding will determine compliance with this directive.

III. District Courts will utilize AM, PM time slots as necessary. Calendar calls will occur in District Court for persons who are notified to appear.

In-person non-jury criminal Superior Court proceedings will continue to be addressed using time slots allocated to each individual case to avoid unnecessary congregation of individuals. Separate calendar calls will continue to be held for morning and afternoon sessions.

Non-jury civil Superior Court proceedings will be scheduled by the Trial Court Administrator. Civil Superior Court calendar calls will not be conducted.

VI. Non-jury Superior Court, District Court and Clerk of Superior Court proceedings may be conducted through remote audio and video transmissions in the discretion of the judicial official with jurisdiction over an individual proceeding and in compliance with Emergency Directive 3 of the Order of the Chief Justice. In accordance with Section 18 of Article I of the Constitution of North Carolina these proceedings are open to the public and arrangements can be made with the appropriate administrative personnel of the court/Clerk hearing the matter to access the remote proceeding.

Vll. All criminal and civil Superior Court jury trials will continue in-person in compliance with all other provisions of this Local Order and the Order of the Chief Justice. Existing spacing of jurors, witnesses, attorneys, judicial officers and court personnel as well as plexiglass barriers will continue as implemented pursuant to the 28 ^th Judicial District Jury Trial Resumption Plan

Vlll. All District Court jury trials will be continued in the discretion of the presiding judge to a date no sooner than June 14, 2021.

This Order becomes effective immediately, this 18^th day May of 2021.

Signed,

Honorable Alan Z. Thornburg, Chief Resident Superior Court Judge
Honorable J. Calvin Hill, Chief District Court Judge
Honorable Steven D. Cogburn, Clerk of Superior Court

Dear Bar Members,

Chief Justice Paul Newby issued a new order today amending the order of May 10, 2021. Citing revised guidance on face coverings from the Centers for Disease Control and Prevention, the amendment eliminates Emergency Directive 21 (face coverings in court facilities). Decisions about face coverings in courthouse facilities are left to the informed discretion of local court officials. Disagreements among local court officials over face covering requirements should be referred to the senior resident superior court judge for resolution. The remaining Emergency Directives in the May 10 order will remain in effect until the order expires on June 6, 2021.

Read the full order here: 14 May 2021 Modification of 10 May 2021 7A-39(b)(2) Order Extending Emergency Directives.pdf.

Chief Justice Paul Newby issued a new order today containing Emergency Directives related to COVID-19. The order will take effect on May 10, 2021, and expire on June 6, 2021. The new order extends many of the emergency directives in Chief Justice Newby’s April 9, 2021 order, though some emergency directives have been discontinued or modified as described below. The new order notes that, in response to Chief Justice Newby’s request to the Governor, courthouse personnel were designated as “frontline essential workers” and received early access to the COVID-19 vaccine beginning on March 3, 2021. The vaccine is now readily available to all members of the public, and the result is that many aspects of life are moving toward pre-pandemic normal. In light of improving conditions, but in recognition of the ongoing serious risks posed by COVID-19, the order extends only those emergency directives that are necessary to allow the courts to function with due regard for the safety of the public and Judicial Branch personnel. It also urges senior resident superior court judges to “do whatever they can to resume jury trials without delay” and to “weigh local conditions against the exceedingly negative impacts of further delaying justice.” The following emergency directives from the April 9, 2021 order will remain in effect and unchanged: Emergency Directive 2 (persons likely exposed to COVID-19 should not enter the courthouse) Emergency Directive 3 (remote proceedings) Emergency Directive 5 (verification of pleadings and other filings) Emergency Directive 14: (submission of filings to the clerk of court) The following emergency directives from the April 9, 2021 order will remain in effect with modifications: Emergency Directive 11 (COVID-19 coordinator) As amended, this directive expressly allows each senior resident superior court judge, in consultation with local health officials, to ensure that proper safety protocols are being followed. It clarifies that such protocols may include social distancing requirements. Emergency Directive 15 (extension of filing deadlines for mailed filings) Although this directive has not changed substantively, it now includes a statement that it will not be renewed following the expiration of the new order. Emergency Directive 21 (face coverings in court facilities) This directive continues to require persons to wear face coverings in the common areas of court facilities.  It does not address face coverings in other parts of court facilities, leaving that issue to the informed discretion of local court officials. The following emergency directives from the April 9, 2021 order do not appear in the new order and will expire on May 9, 2021. Emergency Directive 8 (continued performance of marriage ceremonies) The performance of marriage ceremonies will no longer be governed by emergency orders. Emergency Directive 12 (required COVID-19 prevention measures) The new order will not impose a statewide social distancing mandate for court facilities. Instead, decisions about social distancing measures will be left to the informed discretion of local judicial officials as provided in Emergency Directive 11.

Read the full order here: 10 May 2021 7A-39(b)(2) Order Extending Emergency Directives.

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Chief Justice Paul Newby issued an order April 9, 2021 extending emergency directives an additional 30 days in response to the COVID-19 pandemic. The dangers posed by COVID-19 remain serious, and Chief Justice Newby’s order encourages local judicial officials to adopt appropriate safety precautions in addition to those mandated by the order. The emergency directives contained in the order are effective April 12, 2021, and expire on May 9, 2021.

The following emergency directives from the January 14, 2021, order remain in effect:

Emergency Directive 2 (Persons likely exposed to COVID-19 should not enter the courthouse)
Emergency Directive 3 (Remote proceedings)
Emergency Directive 5 (Verification of pleadings and other filings)
Emergency Directive 8 (Continued performance of marriage ceremonies)
Emergency Directive 11 (COVID-19 coordinator)
Emergency Directive 12 (COVID-19 prevention measures)
Emergency Directive 14 (Submission of filings to clerk of court)
Emergency Directive 15 (Extension of filing deadlines for mailed filings)
Emergency Directive 21 (Face coverings in court facilities)

Read the full order here: 09 April 2021 7A-39(b)(2) Order Extending Emergency Directives.

 

Chief Justice Paul Newby issued an order on March 12, 2021 extending emergency directives an additional 30 days in response to the COVID-19 pandemic. The dangers posed by COVID-19 remain serious, and Chief Justice Newby’s order encourages local judicial officials to adopt appropriate safety precautions in addition to those mandated by the order. The emergency directives contained in the order are effective March 15, 2021, and expire on April 11, 2021. The following emergency directives from the January 14, 2021, order remain in effect:

• Emergency Directive 2 (Persons likely exposed to COVID-19 should not enter the courthouse)
• Emergency Directive 3 (Remote proceedings)
• Emergency Directive 5 (Verification of pleadings and other filings)
• Emergency Directive 8 (Continued performance of marriage ceremonies)
• Emergency Directive 11 (COVID-19 coordinator)
• Emergency Directive 12 (COVID-19 prevention measures)
• Emergency Directive 14 (Submission of filings to clerk of court)
• Emergency Directive 15 (Extension of filing deadlines for mailed filings)
• Emergency Directive 21 (Face coverings in court facilities)

Read the full order here: 15 March 2021 7A-39(b)(2) Order Extending Emergency Directives.