Courts After COVID Shutdowns
Hemp In Kentucky
May 10, 2021
Changes To Child Support Law – 2021
July 10, 2021
New Kentucky Supreme Court Guidelines
COVID shutdowns are opening up around Kentucky. With the newest Orders from the Kentucky Supreme Court regarding court proceedings issued on May 18th, 2021, most of the health and safety requirements related to COVID-19 have been lifted. In-person court operations across the state are expanding, and the COVID precautions our firm put in place are now lifted.
The two administrative orders entered in May include a schedule for returning to in-person court proceedings and elimination of the mask mandate for fully vaccinated people entering the courthouse. These orders, Administrative Order 2021-16 and Administrative Order 2021-17 were in response to updated guidance from the Centers for Disease Control.
Mask Mandate Lifted
Administrative Order 2021-16 relates to health and safety requirements following COVID shutdowns. This order allows in-person access to court facilities and allows judges to conduct in-person proceedings. It eliminates the mask mandate for fully vaccinated individuals but does still encourage masks for unvaccinated individuals.Administrative Order 2021-16 makes the following changes:
- Allows in-person access to court facilities for any individual with business before the courts, except those who have symptoms of, have tested positive for, or have been exposed to COVID-19.
- Eliminates the mask requirement for fully vaccinated members of the public entering court facilities and fully vaccinated KCOJ elected officials and employees.
- Strongly encourages continued use of masks by members of the public and KCOJ elected officials and employees who are not fully vaccinated.
- Permits judges to require individuals in their courtrooms to wear masks and gives appointing authorities the ability to require the employees they supervise to wear masks in a specific office, courtroom or department.
- Encourages the continued use of remote technology for court proceedings and allows any individual with a scheduled remote hearing to appear remotely.
- Allows judges to conduct in-person court proceedings.
- Allows filings and payments to be made in-person at the local Office of Circuit Court Clerk.
Move to In-Person Court: Following COVID Shutdowns
Administrative Order 2021-17 relates to court proceedings and lists most of the restrictions on jury trials. It does continue to require that courts allow continuance, postponements and recusals for individuals who are ill or at an increased risk of severe illness from COVID-19.Administrative Order 2021-17 makes the following changes:
- Lifts most restrictions on jury trials but requires continuances, postponements and recusals for attorneys, parties and jurors who are ill or at an increased risk of severe illness from COVI-19.
- Allows master commissioners to conduct judicial sales remotely or in person with no limitations.
- Retinas the July 1st, 2021, start date for show cause dockets on payments of fines and court costs.
- Suspends night traffic court in Jefferson County until further notice.
Court Proceedings Going Forward
At this time courts are beginning the process of returning to more “normal” proceedings. However, each court is progressing at a different speed. As such, some courts are back to full in-person proceedings for all actions, while others are still completely virtual and everything in between. Each county and judge is transiting from COVID shutdowns differently at this time.As the courts are attempting to adapt again to a complete change in operations, it is possible for a case or individual to get lost in the shuffle and have negative consequences as a result. With the courts in transition, it is of the upmost importance to confirm, if you have a scheduled court date, whether that action is virtual or in-person with either the court or your attorney.
