California’s judicial leaders are expected to decide Wednesday whether to amend COVID-19 orders and resume bail schedules and eviction and foreclosure proceedings.
The Judicial Council, the rule-making body for the state judiciary, voted by email on proposals to reopen the courts sooner than planned. The council is expected to announce the results of the vote late Wednesday afternoon.
The proposed amendments would allow court proceedings on evictions and foreclosures to resume on August 3 and rescind an order on June 20 that required bail be set at zero for people accused of lower-level crimes. Judges would still have the flexibility to grant zero bail, however.
Another amendment would require that criminal defendants once again be arraigned within 48 hours after arrest.
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The Judicial Council, headed by Chief Justice Tani Cantil-Sakauye, passed the emergency rules in April to try to reduce jail populations and keep the coronavirus from spreading in courtrooms.
Now that the state is reopening, the courts are following suit, though often by remote appearances.
The need to reduce jail populations is no longer as urgent. Prisons are expected to allow convicted inmates to move from jails to prisons in all 58 countries by June 19, a move that will lower the number of people in county jails.
More than 20,000 defendants facing trials for lower-level offenses already have been released from California’s jails since the start of the pandemic.
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“The Judicial Council acted quickly to safely reduce jail populations and halt evictions and foreclosures during an unprecedented global health crisis,” said Martin Hoshino, the council’s administrative director. “These rules achieved their goals — to reduce harm, save lives, and help ‘flatten the curve’ of the pandemic.”
“As a result, 51 California counties and our courthouses have started a phased, safe reopening,” he added. “A statewide rule no longer serves our need to be flexible and responsive based on local health conditions.”
The council had temporarily stopped legal proceedings needed for evictions and foreclosures because most courts were unable to handle non-urgent civil matters as a result of the pandemic.
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“Housing policy decisions are usually left to the state Legislature, which was unable to hold sessions during the statewide shelter-in-place order,” said Judge Marla Anderson, a member of the council. “With the Legislature back in session, lawmakers can address any measures needed to protect the homes and businesses of those affected by the pandemic.”
