Colorado Politics

Some judicial functions continue amid coronavirus shutdowns

Chief Justice Nathan B. Coates on Monday ordered the suspension of state court activity that did not pertain to constitutional mandates for justice or issues of life and safety amid worries of COVID-19 contagion.

“With regard to operations and matters that are neither designated essential nor prohibited by this order, the Chief Judges of various districts will retain the discretion to determine whether those operations or matters are necessary to prevent a substantial risk of imminent financial hardship or imminent risk” to anyone’s health or safety, Coates wrote. By giving chief judges of Colorado’s 22 districts the authority to restrict operations even further, Coates added that he expected the judges to first explore remote proceedings.

The order suspended all calls for jury service through April 3, except in criminal cases that require a speedy trial per the Constitution. Hearings for protection orders and “red flag” firearm removal orders will continue, as will hearings to set bail, decide whether to revoke probation, appoint emergency guardians, prevent parental abduction and generally ensure the safety of minors.

Guidance from the federal, state and local governments has increasingly moved in recent days toward restricting group gatherings and lessening the chances of COVID-19 coronavirus spreading from person to person. The U.S. Supreme Court has postponed its oral arguments until early April.

Previously, Chief Judge Philip A. Brimmer of the U.S. District Court of Colorado halted federal jury trials and selections. While some hearings will require in-person appearances, judges will attempt to use phone calls and reschedule other hearings if possible.

Christopher M. Wolpert, the clerk of the U.S. Court of Appeals for the Tenth Circuit, told Colorado Politics on Friday that most of the appellate court’s operations remained unaffected because there are no witnesses and jurors. The circuit judges only hold oral arguments five times per year for one week each. The next scheduled arguments are in May.

“We’re certainly going to restrict access to the public spaces in the building if anyone meets certain criteria that suggests they may be infected or we’re in a place that infection is widespread,” he said. As of Tuesday, Chief Circuit Judge Timothy M. Tymkovich barred the public from the Byron White Courthouse in downtown Denver.

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