Judicial emergencies in place

By JEFF STITT

jstitt@yourmvi.com

Responding to an order from the state Supreme Court, the Fifth Judicial District of Pennsylvania (Allegheny County), the 10th Judicial District (Westmoreland County), the 27th Judicial District (Washington County) and the 14th Judicial District (Fayette County) have declared judicial emergencies that will be in place through April 14.

Under the high court’s declaration, issued as a result of concerns about the spread of COVID-19, county president judges are authorized to declare individual county judicial emergencies through April 14 “should they deem it appropriate to protect the health and safety of staff, court users and the community,” a release from the Supreme Court states.

Counties operating under local judicial emergencies have the authority to suspend time calculations relevant to court cases or other judicial business, as well as time deadlines, subject to constitutional restrictions; authorize additional uses of advanced communications technology to conduct court proceedings, subject to constitutional restrictions; and create restrictions or temporary closures at court facilities.

Allegheny County

The Allegheny County order calls for the suspension of jury trials in the civil division, restriction of general motions and housing court motions and the rescheduling of arbitration and other hearings.

The order, signed Monday by Allegheny County Court of Common Pleas President Judge Kim Berkeley Clark, also calls for postponement of all cases in magisterial district courts. It states that eight magisterial district courts and the Pittsburgh Municipal Court Arraignment Division will remain open to the public for designated operations. All other magisterial courts will be closed to the public.

Those staying open are designated to perform arraignments, process criminal case filings and issue search warrants and Emergency Protection from Abuse petitions.

The Clairton office of Magisterial District Judge Armand Martin will handle its own operations as well as operations on behalf of the offices of Magisterial District Judges Beth Mills (Forward Township), Thomas Miller (White Oak), Michael Thatcher (Pleasant Hills) and Eugene F. Riazzi (McKeesport).

The order places stays on execution of orders for eviction or possession of residential properties.

The Allegheny County Sheriff’s Office announced prior to the signing of the order that it was attempting to get such an order granted in regard to evictions and sheriff’s sales.

All provisions of the order apply to cases scheduled from March 17 to April 14.

In the Allegheny County Criminal Court of Common Pleas, all court events — except bail hearings and daily motions court — will be postponed. Courtroom staff will notify litigants prior to their scheduled events and propose a continuance date acceptable to all parties, the order states. Summary and statutory appeals have been postponed. 

The motions counter in room 534 will remain open for emergency motions, and a warrant clerk will be on duty to lift and issue warrants per directives from the court. Defendants who wish to turn themselves in on bench warrants out of Allegheny County to pretrial services may continue to do so, but pretrial conferences and formal arraignments will be rescheduled.

Emergency motions, bench warrant hearings and Protection From Abuse Act matters will be heard as per usual in the family division. Juvenile delinquency and dependency matters will be handled on a case-by-case basis. 

The court will still hear shelter care proceedings, issue orders for protective custody and for authorization for medical treatment of a minor and Orphans’ Court conferences and hearings will be conducted as scheduled. 

Fayette County

The Fayette County order states that public access to courtrooms and court-related services will be limited, effective immediately. Only court employees, jurors, attorneys, litigants, witnesses, members of the media, victims and probation office employees will be allowed in common pleas and magisterial district court rooms when they are in use.

The Fayette County sheriff’s office is permitted to bar people from entering the courthouse.

Attorneys and litigants are directed to contact the presiding judge’s chamber the day prior to a scheduled court proceeding to confirm if the proceeding in question will occur.

The order states that criminal court week, scheduled for April 6-10, is canceled and jurors are excused from attendance.

Court of Common Pleas and magisterial judges are encouraged to review their existing schedule and either change appearances to a telephone or video appearance, or to continue court events to a later date.

Court employees “must stay home from work or may be sent home by a supervisor if they or someone who resides with them is exhibiting signs of illness,” the order states.

Washington County

Washington County President Judge Katherine B. Emery declared a judicial emergency in the 27th Judicial District from March 16 to April 14. 

The administrative order, dated March 17, sets forth procedures for court operations, which have been restricted to essential functions.  

Entrance to court facilities will continue to be limited to legal counsel, necessary participants and individuals with a legitimate business need.

Those who have questions about cases are to first direct them to their attorney. Those who do not have an attorney should contact the court or office that they are to appear before.  All other inquiries should be directed to the Court Information Desk at 724-228-6999.

“Attorneys, litigants and members of the public are urged to refrain from coming to any judicial facility unless necessary,” the order states.

Judges are encouraged and authorized to use video and telephone communication technology to conduct court proceedings.

The clerk of court, domestic relations, prothonotary and register of wills offices will be open for business, but business must be conducted by mail or by other means.

Westmoreland County

Westmoreland County Court of Common Please President Judge Rita Hathaway signed an emergency declaration Tuesday.

All criminal court proceedings previously scheduled for March 18-27 are canceled per the Judicial Emergency Order and will be rescheduled. 

Parties will receive a notice in the mail with the rescheduled date, the declaration states.

Contempt and Compliance hearings that were supposed to be heard March 23 before Senior Judge John J. Driscoll are canceled, as are summary appeals that Driscoll was slated to hear Thursday.

“Please do not report to the courthouse for contempt/compliance hearings,” a memo from Driscoll states. “The hearings will be rescheduled.”

As a result of the order, Judge Harry F. Smail is requesting that counsel only present civil and orphans’ court motions “of an emergent or time-sensitive nature” until April 17. Consent motions may still be submitted to chambers for execution at any time.

To learn more, visit www.co.westmoreland.pa.us/CivicAlerts.