In response to the COVID-19 (Coronavirus) outbreak and the resulting states of emergency declarations issued by President Donald J. Trump and Governor Gretchen Whitmer, Executive Order 2020-67 issued by Governor Whitmer which extended the State of Emergency through May 28, 2020, and as authorized by Michigan Supreme Court Administrative Orders Nos. 2020-1, 2020-2, 2020-6, 2020-9, 2020-10, and 2020-12, Oakland County Circuit Court Chief Judge Shalina Kumar issues the following COVID-19 State of Emergency Procedures Amendment:
This Order of the Sixth Judicial Circuit Court amends and extends the court’s previously issued order dated April 27, 2020. This Order is issued in response to the COVID-19 (Coronavirus) outbreak and the resulting states of emergency declarations issued by President Donald J. Trump and Governor Gretchen Whitmer, Executive Order 2020-67 issued by Governor Whitmer which extended the State of Emergency through May 28, 2020 and as authorized by Michigan Supreme Court Administrative Orders, Nos. 2020-1, 2020-2, 2020-6, 2020-9, 2020-10 and 2020-12 which extended those previous orders until further notice of the court.
This Order is amended to continue emergency procedures and to establish procedures for hearing nonemergency matters to reduce the risk of transmission of COVID-19, and to protect the health and safety of the public and all who conduct business in the Circuit Court. This order hereby rescinds the previous
Administrative Orders of this Court dated April 23, 2020 and April 27, 2020. This Order shall take immediate effect and continue through May 29, 2020 or until further notice by the court. The Sixth Judicial Circuit Court will remain open to handle emergency and non-emergency matters as follows:
EMERGENCY AND ESSENTIAL MATTERS
Criminal Cases
• Arraignments on the information will be done by mail through May 29, 2020;
• Emergency bond motions;
• Arraignments on bench warrants and warrants for violations of probation;
• All non-custodial jury trials are hereby adjourned until August 21, 2020 without an order. New dates will be scheduled after the resumption of full courtroom
operations. Attorneys are directed to contact the assigned courtroom staff by email or phone upon resumption of full courtroom operations;
• All custodial jury trials are adjourned until June 22, 2020 in compliance with Michigan Supreme Court Administrative Order 2020-10. New dates will be scheduled after the resumption of full courtroom operations. Attorneys are directed to contact the assigned courtroom staff by email or phone upon resumption of full courtroom operations;
• Sentencing hearings for in-custody defendants will be held by video unless objected to by the defense, and in which case the matter may be adjourned; and
•All criminal calls will be adjourned until further notice.
Juvenile Cases
• Preliminary hearings for all delinquency and child protective proceedings;
• Issuance of and arraignments on all OTIICs;
•Violation of probation hearings when detention is requested;
• Emergency removal hearings for child protective proceedings;
• In-custody designated and adult court waiver arraignments;
• Safe delivery of newborn hearings;
• Reimbursement department bench warrant dismissal hearings;
• Parental by-pass hearings;
• Hearings for in-custody juveniles will be done by video; and
• All in-custody delinquency jury trials are adjourned until June 22, 2020 in compliance with Michigan Supreme Court Administrative Order 2020-10. New dates will be scheduled after the resumption of full courtroom operations. Attorneys are directed to contact the assigned courtroom staff by email or phone upon resumption of full courtroom operations;
• All non-custodial delinquency jury trials are adjourned through August 21, 2020 or until further notice by the court. New dates will be scheduled after the resumption of full courtroom operations.
Attorneys are directed to contact the assigned courtroom staff by email or phone upon resumption of full courtroom operations;
Domestic Relations Cases
• Divorce, custody and parenting time matters alleging an immediate threat of harm to the children or a party; and
• All family division motion calls will be adjourned through May 29, 2020. Emergency motions may be heard by telephone when possible.
Friend of the Court Matters
• Early intervention conferences shall be conducted using Zoom whenever possible, otherwise they will be adjourned until further order by the court;
•The SMILE Program shall be offered electronically only;
• The FOC remains open to accept payments of support and documents;
• FOC child support reviews will continue;
• Custody and parenting time investigations and parenting time disputes will be addressed using telephone interviews only;
• FOC arraignments on bench warrants will continue daily Monday through Friday for in-custody respondents and on a walk-in basis for all others; and
• Referee hearings will be conducted by telephone or Zoom whenever possible.
Personal Protection Orders
• In-custody arraignments on bench warrants for violation of PPOs by video;
• Contested show cause hearings if defendant remains in custody after arraignment;
• Personal Protection Order petitions of an emergency nature alleging an immediate threat of harm;
• Hearings on a request for entry or termination/modification of a PPO on a case-by-case basis; and
• Bail hearings for PPO respondents will continue per current practice.
Civil Cases
• Requests for emergency show cause and injunctive orders will be reviewed by the assigned judge or the judge on call;
• Business Court emergencies will be reviewed by the assigned judge or the judge on call;
• All jury trials are hereby adjourned until August 21, 2020 without an order. New dates will be scheduled after the resumption of full courtroom operations.
Attorneys are directed to contact the assigned courtroom staff by email or phone upon resumption of full courtroom operations.
• All civil bench trials will be adjourned through May 29, 2020 or until further notice by the court;
• No in-person civil motion calls will be conducted through May 29, 2020. Motions may be filed and heard, via telephone or video conferencing, at the discretion of the court;
• Case evaluation hearings scheduled to be heard through May 29, 2020 will be adjourned until further notice by the court; and
• The Scheduling Order for every general civil and business court case, where Case Evaluation was scheduled to occur on or before May 29, 2020 is extended by 60 days from its current deadlines. There is no need to submit an order.
The Chief Judge will hear all infectious disease petitions brought by the Oakland County Health Department or the Oakland County Department of Corporation Counsel on behalf of Oakland County.
NON-EMERGENCY MATTERS
Non-emergency matters may be heard by audio or video conferencing at the discretion of each judge. Please contact the assigned judge’s chambers to receive information on how to proceed with a nonemergency matter. Instructions will be provided on the chamber’s voicemail message and/or the judge’s protocol page listed on the Oakland County Circuit Court website.
Civil/Criminal Judges Protocols:
https://www.oakgov.com/courts/circuit/judges/civi1-criminaI/Pages/defauIt.aspx
Family Division Judges Protocols:
https://www.oakgov.comlcourts/circuit/judges/family/Pages/defauIt.aspx
Remote hearings will be made available for public viewing. In-person public review of all past video records will be suspended through May 29, 2020 or until further notice of the court.
All proceedings of the Adult Treatment Court will resume session via video conferencing on May 19, 2020 or until further notice by the court.
All proceedings of the Juvenile Drug Court will resume session via video conferencing on May 19, 2020 or until further notice by the court.
All matters not referenced above will be suspended or adjourned through May 29, 2020 or as otherwise stated in this Order, until further notice by the Court.
All matters referenced above that will continue per current practice will be handled by video or audio conferencing, if practicable.
The assigned judge on any matter referenced above may deviate from the provisions of this Order for good cause and upon approval by the Chief Judge.
Questions about the status of specific cases must be directed to the assigned judge’s chambers.
If you need immediate assistance, please contact the following telephone numbers for further direction:
• For emergency custody or parenting time matters call 248-466-4863.
• For emergency Friend of the Court matters call 248-466-2728.
• For emergency Personal Protection Order matters call 248-464-2907.
• For emergency Juvenile matters call 248-766-7533.
• For emergency Civil/Criminal matters call 248-466-4260.
IT IS SO ORDERED.
Shalina D. Kumar
Chief Circuit Judge
May 8, 2020
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