IN THE TRIAL COURTS FOR THE STATE OF ALASKA In the Matter of: RELAXATION AND SUSPENSION OF VARIOUS COURT RULES BASED ON THE COVID-19 PANDEMIC PRESIDING JUDGE STATEWIDE ADMINISTRATIVE ORDER GOVERNING RELAXATION AND SUSPENSION OF VARIOUS COURT RULES BASED ON THE PANDEMIC 1. In response to the public health emergency caused by coronavirus pandemic, the Alaska Supreme Court issued Order No. 195?' and the Chief Justice issued Special Order No. 8131. These orders direct that various court rules be relaxed or suspended so that the trial court operations can be conducted in a manner that both protects the rights and liberties of the parties and ensures the safety of court personnel, litigants, and the, public. In addition, the presiding judges are authorized to issue further orders consistent with these Orders. 2. The chief justice has suspended all superior court and district court proceedings through April 3, 2020, except the following priority hearings:I Arraignments; Felony ?rst appearances; Bail hearings; Change of plea and sentencing hearings; Adjudication and disposition hearings on petitions to revoke probation; Habeas corpus applications; CINA temporary custody and permanency hearings; GINA hearings for review of secure residential placement; I This list is construed in paragraph 5, below. Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the COVE-19 Pandemic Page 1 of 1] Hi I Mental health evaluation, involuntary commitment, and medication proceedings; Domestic violence proceedings; Alcohol and drug commitment proceedings; Quarantine and isolation proceedings; 1n. Juvenile delinquency arraignment and detention hearings; Search warrant and arrest warrant proceedings; and 0. Temporary guardianship and conservatorship proceedings. Presiding Judge Authority 3. The presidingjudges seek to provide uniform guidance to litigants, counsel, and court staff throughout the state. The presiding judges are mindful of the growing backlog of cases; and the bene?ts to be gained by allowing some additional matters to proceed by telephonic hearings or written stipulations, especially if dispositive orders are possible, in order to reduce the number ofcases that must be reactivated later. They are also mindful of the stress placed upon the reduced court staff by additional hearings. In anticipation of continuing developments, the presidingjudge will review this order at least every two weeks. Pursuant to Alaska Supreme Court Order No. 1957, Special Order No. 3131 of the Chief Justice, any subsequent amendments to it, and any superseding Special Orders, IT IS HEREBY ORDERED: Suspension of Superior Court and District Court Proceedings 4. All trial court proceedings and civil marriage ceremonies are suspended through May 1, 2020, except those priority hearings identi?ed in the Special Order of the Chief Justice. Presiding Judge Statewide Administrative Order Governing Relaxation and Enspensien of Various Court Rules Based on the Pandemic Page 2 of 5. The presiding judges construe the Special Order of the Chief Justice to mean that the list of priority hearings includes the following: a. arraignments includes those on a petition to revoke felony probation, but not those for failure to comply with community work service or programs such as b. among the permitted GINA hearings are the registration and con?rmation of tribal court orders under CINA Rule 24 and expedited enforcement of tribal court orders under CINA Rule 25; c. domestic violence hearings include those for stalking and sexual assault protective orders and for elder fraud protective orders. Tribal court domestic violence orders will be registered during any suslaension; d. permitted criminal hearings include telephonic competency hearings. Appearances 6. Civii cases. All attorneys, parties, witnesses, and other participants shall appear by telephone or videoconference. In all civil cases, parties may appear through their attorney. 7. Criminal cases. Attorneys, parties, witnesses and other participants are required to appear by telephone or videoconference, except for evidentiary hearings and sentencings. Defendants may consent to appear by telephone or videoconference for evidentiary hearings or sentencings. Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the COVID-IQ Pandemic Page 3 of 8. Victims. Persons who qualify as ?victims? under Alaska statue and a reasonable number of family andi'or other supporters may attend court proceedings in the related case by telephone, by videoconference. or in person. 9. Seating. The judicial of?cer presiding over a hearing with persons present in the courtroom shall assure that proper social distancing is observed. Filings by Email, Electronic Signatures, Notarization, and Electronic Service 10. Parties are authorized to ?le documents by email in all case types. Attorneys and self-represented persons are authorized to sign a document by typing on the signature line. Parties may supply necessary notarized documents at a later time. 11. All ?ling should be made electronically to the greatest degree practical. The clerks of court shall distribute and publish the appropriate email ?ling addresses as necessary to facilitate email ?ling. If electronic ?ling is not practical or not permitted by the rule, such min the case of commencement of a case, then in person court ?ling is permitted. The clerks of court may establish drop box ?ling systems or other transactional safeguards to reduce personal interaction. 12. Civil Rule 5 service should be made electronically, without the necessity of the consent of a party. All parties with an Operational email address must provide that address to the court and to the opposing party for purposes of service and distribution. If a party has no functioning email address, then service and distribution by mail is permitted. Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the Pandemic Page 4 of Extended Deadlines 13. Filing deadlines in all cases are extended to May 1, 2020 in pending suspended cases. Litigants may ?le in advance of deadlines. Criminal Cases Generally 14. In-custody defendant transports are restricted to mandatory in-person court appearances as de?ned in paragraph 7, above. Presiding judges may authorize transport if telephonic or video conferencing capacity is unavailable. 15. Criminal hearings proceeding by way of telephone or video conference, to the greatest degree practical, must include a procedure by which the defendant may confer with the defense attorney in private. It'such a conference is necessary, but not possible, the hearing shall be continued, unless the defendant consents to proceeding. Grand Jury and Preliminary Hearings in Felony Criminal Cases 16. The time periods set forth in Criminal Rule for scheduling preliminary examination are extended through May 1, 2020 in all pending criminal cases and in all new criminal cases ?led prior to that time. Jury Trials in Criminal Cases 17. July trials are suspended through May 1, 2020. Trials currently underway may continue but no new trial may begin during the current or any further suspension. 18. Criminal Rule 45 is tolled during any suspension or limitations on jury trials. When the suspension or limitation is lifted, Criminal Rule 45 is tolled for at least an additional 30 days to permit an orderly transition and scheduling. Rule 45 will be Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the Pandemic Page 5 of further tolled for a reasonable time therea?er as necessary to accommodate the availability ot?ivitnesses, counsel, the court, and jurors in consideration of the accumulated backlog. Petitions to Revoke Probation 19. Man arraignment on a petition to revoke probation permitted by paragraph 2.11. above, the defendant may enter a denial before any judicial of?cer. If the petition is based upon an alleged new crime, then no further proceedings will be scheduled on the merits of the petition until the new offense is resolved, except for bail hearings or as speci?cally ordered by the trial courtjudge for good cause shown. Search and Arrest Warrant Applications 20. Search and arrest warrant applications shall continue during any su3pension. All warrant applications should be made by written af?davit to the greatest degree practicable. Applications by telephone are also acceptable as necessary. The use of in?person warrant applications is discouraged, but not prohibited. Of?cers seeking a warrant by email application and af?davit should provide a telephone number where the of?cer may be reached if the judicial of?cer has questions about the application. Juvenile Proceedings 21. Juvenile detention hearings will beheld according to the time standards established by statute. Dispositions and stipulated adjudications may take place by telephone or video conference. Jury trials injuvenile cases are subject to the same general suspensions as adult criminal trials. Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the COVID-W Pandemic Page 6 of I Minor Offenses 22. Minor offense cases are suspended through May 1, 2020. Mental and Alcohol Commitments 23. Title 47 involuntary commitment and medication petitions and alcohol commitment petitions will be heard according to time standards set by statute. However, there will be no jury trials. Quarantine Hearings 24. Testing, isolation, and quarantine petitions pursuant to AS 18.15. 375 and .385 will be heard according to time standards set by statute. Guardianship and Conservatorship Cases 25. Emergency guardianship and conservatorship cases will be heard according to time standards set by statute. Any applicable time standards set by court rule are enlarged, consistent with the welfare of the respondent. Child Custody and Domestic Relations Cases 26. Child custody and domestic relations cases will not be heard during any suspension, except on an emergency basis. Any requirement for an in-person parenting class is susPended and replaced by the requirement that the parent attend an equivalent on line parenting class. 27. In response to inquiries from judges and members of the family law practitioners the presidingjudges adopt the following general guidelines for child custody cases affected by the current public health emergency: Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the COVID-IQ Pandemic Page 7 of a. Many custodial schedules are tied to the school year. Now that schools have been inde?nitely suspended, parties should maintain the school schedule, unless they can agree upon a new schedule. The triggering ot?what would be the summer schedule will depend upon whether the school year is resumed during part of the normal summer. b. If a parent is self-quarantined with the children, the parties should follow the existing schedule unless they agree to a new schedule. c. Ifa parent is quarantined at a time when the children are with the other parent, then the children will remain with the non-quarantined parent until the quarantined parent is released from the quarantine. The formerly quarantined parent would then be entitled to home entitled to a clay-for-day make up period. d. If a parent has tested positive for the virus, then the parties should follow the advice of their health care providers concerning the custody of any children. e. Parents should avoid traveling out of state because of a possible quarantine upon the return to Alaska. Parents should avoid taking the children out of Alaska. f. Parents may not make unilateral changes in the custody and visitation schedule. However, it should be emphasized that this is merely guidance. Parents are encouraged to resolve their own unique problems. They should write down any agreements in an email or text to avoid confusion about the terms. If individuals need a 1 Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the Pandemic Page 8 of judge to make a decision, they must expect abnormal delays in the response to motions or the scheduling of hearings. Civil Cases and Appeals 28. Hearing in other civil cases and appeals are suspended. The time standards for civil cases and appeals are enlarged. Evictions 29. Eviction hearings will not be heard during any suspension. 30. Trial courtjudges may ?nd good cause to stay an outstanding eviction order based on the current public health emergency. If a tenant is subject to a quarantine order or is self-quarantined pursuant to public health guideline or doctor?s recommendation, then the eviction should he stayed. Child in Need of Aid Cases 31. In CINA cases hearings concerning temporary custody, permanency, and review of secure-residential placement shall proceed according to statutory timelines. 32. Registration and confirmation of tribal court orders under CINA Rule 24 and expedited enforcement of tribal court orders under GINA Rule 25 shall proceed. Rule 24 and 25 petitions shall be ?led by email. Service and distribution by a court or the tribe may be by email: Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the Pandemic Page 9 of Emergency Exceptions and Limited Scheduling Hearings 33. Emergency situations in cases not on the list of priority hearings may be considered on a case-by-case basis by the assigned trial courtjudgc. Consistent with available staf?ng levels, judicial of?cers may hold telephonic hearings on a limited basis to address urgent matters, ?nalize an issue or when a scheduling or status conference will promote greater ef?ciencies. Effect of Prior Statewide, District and Local Pandemic Orders 34. This Order sapersedes all prior statewide, district, and local pandemic orders of presiding or deputy presiding judges. Future District Pandemic Orders 35. The presiding judge of a district may issue district and local orders that address unique or limited circumstances. Termination Date 36. This Order will remain in effect until terminated by order of the presiding judges, the Chief Justice, or the Alaska Supreme Court. Dated at Ketchikan, Alaska this 2?1 day 0 Trevor N. Stephens Presiding Judge First Judicial District Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the Pandemic Page ID of II Dated at Kotzebue, Alaska this 2-3 day of Ma 4m 6er Paul A. Roetman Presiding Judge Second Judicial District of March 2020. William F. Morse Presiding Judge Third Judicial District 2020. _f Michael MacDonald Presiding Judge Fourth Judicial District Dated at Anchorage, Alaska this 2-3 cl Dated at Fairbanks, Alaska this 2-3 day of Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the Pandemic Page I of II Distribution: Chief Justice Joel Bolger Administrative Director Stacey Marz Area Court Administrator Carol McAllen Judicial Of?cers Statewide Court Rules Clerks of Court Statewide Alaska Bar Association Dept of Corrections Attorney General?s Of?ce Paul Miovas Public Defender Samantha Cherot Of?ce of Public Advocacy James Stinson Dept of Public Safety Presiding Judge Statewide Administrative Order Governing Relaxation and Suspension of Various Court Rules Based on the COVE-19 Pandemic Page 12 of 12.