Illinois Supreme Court Guidelines for Resuming Illinois Judicial Branch Operations during the COVID-9 Pandemic - May 20th Update
As noted in the Supreme Court’s May 20, 2020 order, chief circuit judges are authorized to develop plans for resumption of court operations in their circuits. Plans for each circuit, which may even differ from county to county, should be based on the factors specified in the order and with due consideration to the guidelines in this document.
The local plans should continue to promote the use of remote hearings where appropriate. To the extent that the March 17, 2020, order prohibits in-person proceedings on non-essential matters, that provision is relaxed in accordance with a chief judge’s local plan. This directive acknowledges both the successful use of remote hearings during the stay-at-home order and the reality that jurisdictions will need to take the appropriate amount of time to gradually resume holding matters in the courthouse. In most jurisdictions, this will be a slow process and the pace will be dependent on local conditions which may change rapidly.
The May 20, 2020, order also modifies the April 7, 2020, order which provides that chief judges may continue trials until further order of the Court. Such continuances remain excluded from speedy trial computations and statutory time restrictions are tolled until further order of the Court. The May 20 modification states that this provision also applies when a trial is delayed when the court determines proper distancing and facilities limitations prevent the trial from proceeding safely. The judge in the case must find that such limitations necessitated the delay and shall make a record thereof. This May 20 modification acknowledges the significant challenges most courts will immediately face in resuming trials at the courthouse, and jury trials in particular, in a manner that assures the safety of all participants.
For the full article, please visit: https://courts.illinois.gov/Administrative/covid/052020_SC_GL.pdf