Updated as of: May 11, 2020
It is no secret that we are living in a different world than we did six months ago. As we attempt to transition into a “new normal,” operations and procedures with respect to the court system are adapting. On May 8, 2020, the Arizona Supreme Court issued an updated Administrative Order (No. 2020-75) which provides direction on the resumption of certain court operations in a way that prioritizes the safety of all those involved within the court system. Thomas Rubin & Kelley PC wants to keep everyone updated regarding the new operations and procedures which will remain in effect until the Arizona Supreme Court advises otherwise.
The Administrative Order includes the following guidelines with respect to Arizona court operations:
Rule 42.1 of the Arizona Rules of Civil Procedure, which grants litigants with the option to request a change of judge as a matter of right, is suspended until December 31, 2020. Parties will still have the ability to request a change of judge for cause.
Until December 31, 2020, each side is allowed only two peremptory juror strikes (the right to eliminate potential jurors without having to give a reason or show cause) when selecting a jury versus the four peremptory strikes provided by the rule.
The public is prohibited from attending in-person proceedings; however, beginning July 1, 2020, the presiding judge of each court shall provide public access to court proceedings via video or audio connection.
The Administrative Order also sets forth a phased plan for resumption of on-site court operations:
Phase “Zero” (current phase):
Courts should limit the number of persons at any court event to ten people.
The empaneling of new juries is suspended.
In-person contact is to be limited through the use of audio and/or video hearings.
Phase One (beginning June 1, 2020):
Courts may begin transitioning to in-person proceedings.
In-person appearances are limited to attorneys, parties, victims, witnesses, jurors, and court personnel.
Courts should continue to limit the number of people at any court event to ten people.
Masks and face coverings are required when in the courthouse.
Courts shall continue the use of virtual hearings to the highest extent possible.
Jury trials may resume on June 15, 2020, subject to approval of the presiding superior court judge.
Courts shall utilize appropriate social distancing and measures necessary for the protection of jurors, including the use of technology for virtual selection of jurors and, with the approval of the presiding superior court judge, for jury trials.
Jury trials shall be scheduled in the following order of priority:
a) Criminal cases where the defendant is in custody;
b) Sexually violent person cases;
c) Criminal felony cases where the defendant is not in custody;
d) Criminal misdemeanor cases where the defendant is not in custody;
e) Civil and other jury trial cases.
Phase Two (date pending):
Scheduling of in-person court proceedings may resume.
Courts should limit the number of people at any event to thirty.
The use of technology should continue.
Jury trials shall be scheduled in the same order of priority as in Phase One.
Safety measures with respect to selection of jurors and jury trials remain the same as in Phase One.
Phase Three (date pending):
Scheduling of in-person court proceedings can fully resume.
Courts should follow CDC social distancing guidelines and limit the number of persons at any court event appropriately.
Safety measures with respect to the selection of jurors and jury trials remain the same as in Phase One and Phase Two.
Phase Four (date pending):
Return to normal operations – no restrictions.
As you can see, the Arizona Supreme Court is dedicated to slowly transitioning court operations back to normal, while also prioritizing the health and safety of all those who interact with the court system. Thomas Rubin & Kelley PC anticipates that these guidelines and procedures will continue to be updated as circumstances change and we have adjusted our operations in a way that focuses on our clients’ needs.
If you have any questions about what effect these updated operations may have on your Arizona cases, please do not hesitate to contact Brian Rubin (602-604-7509 / brubin@trkfirm.com) or Michael Kelley (602-604-7505 / mkelley@trkfirm.com) for more details.