Sonoma — General Orders of the Presiding Judge Extending Implementation of Emergency Relief

Source: https://sonoma.courts.ca.gov/sites/all/assets/pdfs/general-info/General%20Order%20Implementation%20of%20Emergency%20Relief%20Authorized%20Pursuant%20to%20Government%20Code%20Section%2068115%20March%2027%202020.pdf

Sparse pages use OCR; original PDF remains authoritative.

10 Tt 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FILE GENERAL ORDER RE: IMPLEMENTATION OF EMERGENCY RE Aer AUTHORIZED PURSUANT TO GOVERNMENT CODE SECTION 68115 BY CHAIR OF JUDICIAL COUNCIL Exercising the authority granted under Government Code section 68115 and the March 27, 2020, Order (“Order”) of Chief Justice Tani G. Cantil-Sakauye, Chair of the Judicial Council of California, issued in response to the March 26, 2020, renewed request for an emergency order made by the Superior Court of Sonoma County (“Court”), this Court HEREBY FINDS AND ORDERS AS FOLLOWS: L For purposes of computing time for filing papers with the Court under Code of Civil Procedure sections 12 and 12a, all days falling between March 30, 2020, to April 14, 2020, inclusive, are deemed holidays (Gov. Code, § 68115(a)(4)); 2. For purposes of computing time under Penal Code section 825, and Welfare and Institutions Code sections 313, 315, 334, 631, 632, 637, and 657, all days falling between March 30, 2020, to April 14, 2020, inclusive, are deemed holidays (Gov. Code, § 68115(a)(5)); 3. With the concurrence of the Presiding Judge, the Court may order that sessions be held anywhere in the county, including in correctional and juvenile detention facilities, from April 1, 2020, to April 14, 2020 inclusive (Gov. Code, § 68115(a)(1)); 3 Any judge of the Court may extend by not more than 21 days the duration of any temporary restraining order that would otherwise expire on any day between April 1, 2020, to April 14, 2020, inclusive, because the emergency condition described in the Order prevented the Court from conducting proceedings to determine whether a permanent order should be entered (Gov. Code, § 681 15(a)(7)): 4. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 825 of the Penal Code within which a defendant charged with a felony offense must be taken before a magistrate from 48 hours to not more than seven days (Gov. Code, § 68115(a)(8)); IMPLEMENTATION ORDER RE EMERGENCY ORDER re

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 859b of the Penal Code for the holding of a preliminary examination from 10 court days to not more than 15 court days (Gov. Code, § 68115(a)(9)); 6. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 313 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be released from custody to not more than seven days (Gov. Code, § 68115(a)(11)); 7. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 315 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be given a detention hearing to not more than 7 days (Gov. Code, § 68115(a)(11)); 8. In cases in which the statutory deadline otherwise would on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time periods provided in sections 632 and 637 of the Welfare and Institutions Code within which a minor taken into custody pending wardship proceedings and charged with a felony must be given a detention hearing or rehearing to not more than seven days (Gov. Code, § 68115(a)(11)); 9. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 334 of the Welfare and Institutions Code within which a hearing on a juvenile dependency petition must be held by not more than 15 days (Gov. Code, § 68115(a)(12)); and 10. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 657 of the Welfare and Institutions Code within which a hearing on a wardship petition for a minor charged with a felony offense must be held by not more than 15 IMPLEMENTATION ORDER RE EMERGENCY ORDER 2.

10 11 12 13 14 15 16 Tt 18 19 20 21 22 23 24 25 26 27 28 days (Gov. Code, § 68115(a)(12)). THIS ORDER IS EFFECTIVE IMMEDIATELY. Dated: “Igach a], AAO _ Bradford DeMéd, Presiding Judge IMPLEMENTATION ORDER RE EMERGENCY ORDER Bs

THE JUDICIAL COUNCIL OF THE STATE OF CALIFORNIA Because of the COVID-19 pandemic, leading to health and safety concerns resulting in substantial operational impediments, and the proclamations of states of emergency by Governor Newsom and President Trump, it was determined that the conditions described in section 68115(a) of the Government Code were met with regard to the Superior Court of California, County of Sonoma as of March 16, 2020, and March 18, 2020. On March 16, 2020, and March 18, 2020, Orders were issued at the request of Presiding Judge Bradford DeMeo authorizing the Court to implement relief authorized by section 68115. Upon the renewed request of Presiding Judge Bradford DeMeo, it is determined that the conditions described in section 68115(a) continue to exist (Gov. Code, § 68115(b)), and it is ordered that the Court is authorized to do the following: e Hold sessions anywhere in the county, including in correctional and juvenile detention facilities, from April 1, 2020, to April 14, 2020, inclusive (Gov. Code, § 68115(a)(1)); ¢ Declare that from March 30, 2020, to April 14, 2020, inclusive, be deemed holidays for purposes of computing the time for filing papers with the court under Code of Civil Procedure sections 12 and 12a, if the above-described emergency conditions substantially interfere with the public’s ability to file papers in a court facility on those dates (Gov. Code, § 68115(a)(4)); e Declare that from April 1, 2020, to April 14, 2020, inclusive, be deemed holidays for purposes of computing time under Penal Code section 825 and Welfare and Institutions Code sections 313, 315, 334, 631, 632, 637, and 657, if the above-described emergency conditions prevent the court from conducting proceedings or accepting filings as necessary to satisfy these deadlines on those dates (Gov. Code, § 68115(a)(5)); e Extend by not more than 21 days the duration of any temporary restraining order that would otherwise expire on ftom April 1, 2020, to April 14, 2020, inclusive, because the emergency condition described herein prevented the court from conducting proceedings to determine

whether a permanent order should be entered (Gov. Code, § 68115(@)(7)); Extend the time period provided in section 825 of the Penal Code within which a defendant charged. with a felony offense must be taken before a magistrate ftom 48 hours to not more than seven days, applicable only to cases in which the statutory deadline otherwise would expire from April 1, 2020, to April 14, 2020, inclusive (Gov. Code, § 68115(a)(8)); Extend the time period provided in section 859b of the Penal Code for the holding ofa preliminary examination from 10 court days to not more than 15 court days, applicable only to cases in which the statutory deadline otherwise would expire from April 1, 2020, to April 14, 2020, inclusive (Gov. Code, § 68115(a)(9)); Extend the time period provided in section 313 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be rekased from custody to not more than seven days, applicable only to minors for whom the statutory deadline otherwise would expire from April 1, 2020, to April 14, 2020, inclusive (Gov. Code, § 68115(a)(11)); Extend the time period provided in section 315 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be given a detention hearing to not more than seven days, applicable only to minors for whom the statutory deadline otherwise would expire from April 1, 2020, to April 14, 2020, inclusive (Gov. Code, § 68115(a)(11)); Extend the time periods provided in sections 632 and 637 of the Welfare and Institutions Code within which a minor taken into custody pending watdship proceedings and charged with a felony offense must be given a detention hearing or rehearing to not more than seven days, applicable only to minors for whom the statutory deadline otherwise would expire from April 1, 2020, to April 14, 2020, inclusive (Gov. Code, § 68115@)(11)); Extend the time period provided in section 334 of the Welfare and Institutions Code within which a hearing ona juvenile dependency petition must be held by not more than 15 days, applicable only to minors for whom the statutory deadline otherwise would expire from

April 1, 2020, to April 14, 2020, inclusive (Gov. Code, § 68115(a)(12)); and e Extend the time period provided in section 657 of the Welfare and Institutions Code within which a hearing on a wardship petition for a minor charged with a felony offense must be held by not more than 15 days, applicable only to minors for whom the statutory deadline otherwise would expire from April 1, 2020, to April 14, 2020, inclusive (Gov. Code, § 68115(a)(12)). Date: March 27, 2020 Hon. Tani G. Cantil Sakauye Chief Justice of California and Chair of the Judicial Council