Courtroom closed; top court issues new virus order

By Melanie Deeds
Legal News

Macomb County’s top judge announced Thursday that one courtroom has been temporarily closed at the county courthouse due to the coronavirus outbreak.

“In light of the notification that an attorney who appeared in court on Monday later tested positive for COVID-19, we have been in contact with the County Emergency Operations Department, the County Health Department and the State Court Administrative Office,” Chief Judge James M. Biernat Jr. said in a statement. “The circuit court takes the current State of Emergency very seriously, and the health of the public and the staff is of the utmost importance.

“We have taken proactive steps to limit foot traffic in our courthouse, even in advance of the Supreme Court’s first Administrative Order on Sunday.”

The Michigan Supreme Court issued an administrative order late Wednesday outlining essential trial court operations, “which is mostly consistent with the steps we have already taken,” Biernat said.
“We have continued to revisit our processes on a daily, even hourly basis, to respond to the evolving situation,” he said.

The closed courtroom is that of Circuit Court Judge Edward Servitto on the third floor of the courthouse in downtown Mt. Clemens. It will be closed for two weeks, Biernat said.

“The county is in the process of cleaning and disinfecting affected areas,” he said, “and several employees who may have had contact with the attorney have been notified and directed to self-quarantine for the next 14 days.

“The court is currently conducting only the minimum necessary operations and limiting public access to address this health crisis.

In its latest order, the Supreme Court told all trial courts in the state “to limit access to courtrooms and other spaces to no more than 10 persons, including staff, and to practice social distancing and limit court activity to only essential functions.”

“To  confront  this  unprecedented  public  health  crisis,“ the order began “Michigan  trial  courts  must  ensure that court facilities are taking every measure possible to protect the public and court personnel.

Among other issues regarding circuit court criminal proceedings, the order stated that courts should conduct a variety of hearings “remotely using two-way interactive video technology or other remote participation tools.”

Similar recommendations  were issued in general civil and Business Court cases as well as Family, Probate and District Court matters.

Regarding Family Court matters, the order did state that, “to the extent it is safely possible, courts should continue to make staff available to implement income withholding notices so payments can be deducted and paid automatically.”

The court concluded by saying that courts “must work with the county clerk to ensure that if in-person filing and court pleadings are limited due to the state of emergency, court pleadings will continue to be accepted for filing by other means, such as U.S. mail, e-filing, email or facsimile.”

“Further, with regard to all courts, all matters that are resolved by agreement of the parties and with approval of the court that do not involve any appearance at the court may proceed during the pendency of this order,” it said.

The order is in effect until the close of business April 3.




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