Sonoma — General Order RE: Implementation Of Emergency Relief

Source: https://sonoma.courts.ca.gov/system/files/implementationofemergencyrelief.pdf

1 FILED 2 JAN 2 $ 202t 3 of ior Cou California,

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7 SUPERIOR COURT OF THE STATE OF CALIFORNIA

8 IN AND FOR THE COUNTY OF SONOMA

9 GENERAL ORDER RE: IMPLEMENTATION OF EMERGENCY RELIEF 10 AUTHORIZED PURSUANT TO GOVERNMENT CODE SECTION 68115 BY CHAIR OF JUDICIAL COUNCIL 11 Exercising the authority granted under Government Code section 68115 and the January 12 ?6,ZOZ| Order ("Order") of Chief Justice Tani G. Cantil-Sakauye, Chair of the Judicial 13 Council of California, issued in response to the January 20,2021, request for an emergency order 14 made by the Superior Court of Sonoma County ("Court"), this Court HEREBY FINDS AND 15 ORDERS AS FOLLOWS: 16 With the concurence of the Presiding Judge, the Court may order that sessions be held 17 anywhere in the county, including in correctional and juvenile detention facilities, from February 18 1,2021, through February 26,2021, inclusive (Gov. Code, g 68115(aX1)); 19 In cases in which the statutory deadline otherwise would expire from from February 1, 20 2021, through February 26,2021, inclusive, any judge of the Court may extend the time period 21 provided in section 1382 of the Penal Code for the holding of a criminal trial by not more than 22 30 days (Gov. Code, $ 68115(a)(10)); 23 THIS ORDER IS EFFECTIVE IMMEDIATELY. 24

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26 Dated: January TL,ZOZL J 27

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IMPLEMENTATION ORDER RE EMERGENCY ORDER -1-

TIIE ruDICIAL COUNCIL OF THE STATE OF CALIFORNIA

Because of the COVID-I9 pandemic, leading to health and safety concerns resulting

in substantial operational impediments, and the proclamations of states of emergency by

federal, state, and local officials, it was determined on eight prior occasions that the

conditions described in section 68 1 15 of the Government Code were met with regard to the

Superior Court of California, County of Sonoma (Court). Based on those determinations,

and pursuant to the Court's requests, conesponding emergency orders issued authorizing the

Court to implement certain relief under Government Code section 68115. Upon the

renewed request of Presiding Judge Bradford DeMeo, it now is determined that the conditions described in Government Code section 68115(a) continue to exist (Gov. Code, $ 68115(c)), and it is ordered that the Court is authorized to do the following:

a Hold sessions anywhere in the county, including in correctional and juvenile detention facilities, from February 1,2021, to February 26,2021, inclusive (Gov. Code, $ 68115(a)(1)); and Extend the time period provided in section 1382 of the Penal Code for the holding of a criminal trial by not more than 30 days, applicable only to cases in which the original or previously extended statutory deadline otherwise would expire from February l,2O2l, to February 26,2021, inclusive (Gov. Code, $ 68115(aX10); Executive Order N-3 8-20 (03 -27 -20))..

Date: January 26,2021 &",p- { Hon. Tani G. Cantil Chief Justice of California and Chair of the Judicial Council

. This authority supplements the authority to extend section 1382 deadlines previously granted in statewide emergency orders and emergency orders specific to the Court. Accordingly, for any case in which the time to bring a defendant to trial previously was extended under one or more of those prior emergency orders, and the extended deadline falls within the above-specified time period, this order authorizes the Court to extend the previously extended deadline by up to an additional 30 days. For any case in which the initial section 1382 deadline falls within the above-specified time period and is not governed by a prior emergency order, this order authorizes the Court to extend the time to bring a defendant to trial by a total ofup to 30 days.