Opinion
Supreme Court Case No. 20S-CB-123
05-13-2020
In the MATTER OF ADMINISTRATIVE RULE 17 EMERGENCY RELIEF FOR INDIANA TRIAL COURTS RELATING TO THE 2019 NOVEL CORONAVIRUS (COVID-19).
Order Extending Time for Expanding Trial Court Operations
In March 2020, this Court ordered trial courts statewide to implement continuity-of-operations plans appropriate to the 2019 novel coronavirus (COVID-19) public health emergency, then approved and subsequently extended those plans. The most recent extension order, issued April 24, also directed trial courts to begin developing plans for gradually resuming normal operations and to submit those plans for the Court's approval by May 15.
Although some public-movement restrictions are being eased, the health emergency is ongoing, and the Court's Resuming Court Operations Task Force is continuing to develop guidance for safely and responsibly expanding judicial operations.
Pursuant to Indiana Administrative Rule 17 and this Court's inherent authority to supervise the administration of all courts of this State, and being duly advised by that task force, the Court ORDERS as follows:
1. Trial courts shall submit their transition plans for expanded operations and submit those plans for this Court's approval no later than May 30, 2020 . Approved plans shall be deemed effective as of the date of filing.
2. The effective date of all orders granting emergency relief to trial courts under Administrative Rule 17 is extended through May 30, 2020 , including but not limited to:
a. tolling of time limits,
b. authority for continuing jury trials,
c. authority for reviewing county-jail and direct placement community correction sentences of non-violent inmates and juveniles, and
d. prohibition on issuing new writs of attachment, civil bench warrants, or body attachments, and staying any such writs or warrants not yet served.
3. Trial courts shall not resume jury trials until at least July 1, 2020, without prior approval from this Court upon the conditions established in the April 24 order.
4. Transition plans should be filed by email to clerk@courts.IN.gov as petitions under Administrative Rule 17 and must identify the following :
a. The portions of the county or court's preexisting approved Administrative Rule 17 petitions which must be extended, modified, or allowed to expire; and
b. The county emergency and public health authorities and local justice system partners consulted with in developing the plan, in accordance with this Court's April 24 order.
5. Each county or court's Administrative Rule 17 plan should also address areas of concern identified by the Resuming Court Operations Task Force report, which will be available on the Supreme Court's COVID-19 website, including but not limited to:
a. Protections for ensuring court employee health and safety as operations resume;
b. Policies for protecting public health and safety in accordance with county health department guidelines as court facilities reopen;
c. County and court plans for sanitizing and maintaining sanitation of court facilities;
d. Procedures for maintaining a record and allowing public access to remote hearings; and
e. Policies for selecting jurors and procedures for protecting the health and safety of potential jurors.
6. In addition to courtroom proceedings, courts should plan for resuming activities related to community
supervision, such as pretrial services, probation services, and problem-solving courts.
7. In all other respects except as set forth above, existing orders granting emergency relief under Administrative Rule 17 remain in full force and effect.