Chief Justice Tani Cantil-Sakauye, as Judicial Council chair, issued a second advisory to the state’s trial courts, following up on her guidance at the beginning of the week. Writing to the presiding judges of California’s 58 county superior courts about “the unprecedented challenge we face with the COVID-19 virus,” the Chief Justice suggested “ways that might mitigate some of the health risks to judicial officers, court staff, and court users.”
The Chief Justice reported she had received clarification from Governor Gavin Newsom that his shelter-in-place order “is not meant to close our courts. The courts are — and continue to be — considered as an essential service.” Nevertheless, she “strongly encourage[d]” the presiding judges to “consider [a number of] suggestions to mitigate the effect of reduced staffing and court closures and to protect the health of judges, court staff, and court users.”
The listed steps include “[s]uspend[ing] all civil trials, hearings, and proceedings for at least 60 days, with the exception of time-sensitive matters, such as restraining orders and urgent dependency, probate, and family matters,” “lowering the bail amount to $0 for many lower level offenses,” and modifying sentences to permit early release of those who have less than 60 days left on their jail terms.
The Chief Justice pledged that she has “applied and will continue to apply all the constitutional and statutory powers of my office,” but also stated, “we have made clear what the limits of authority are for the Chief Justice and the Judicial Council, as well as the role of independent trial courts to manage their operations.” She said that the “decentralized nature of judicial authority is a statutory structure that reflects the diversity of each county.”