Response to Coronavirus (COVID-19)
July 1, 2021 – Published by Robinson Law Firm
ADMINISTRATIVE ORDER
COVID-19 EMERGENCY HEALTH CRISIS
COURT OPERATIONS
EFFECTIVE JULY 1, 2021
NOW COMES the undersigned Senior Resident Superior Court Judge and enters this Administrative Order concerning Court operations.
IT APPEARING TO THE COURT that The Chief Justice has lifted Emergency Directive 12 and Emergency Directive 21 and given the Senior Resident the discretion to set the guidelines for social distancing and face coverings. The Court finds that COVID-19 conditions in the District have improved as a result of vaccinations and behaviors and directs court proceedings to begin to transition back to a more normal level.
NOW, THEREFORE, IT IS ORDERED that:
A. Temperature Screening, Cleaning, Spacing and Masks
1. No person shall be allowed to enter the Courthouse if they have a temperature above 99.5, have recently been sick, symptomatic or have been recently exposed to someone with a known case of COVID-19.
2. Hand sanitizer shall be available at the entry-and exit of the facility and, preferably, at all high touch areas of the facility including doorways, service counters, stairwells and elevators.
3. All areas accessed by the public are cleaned at the end of each day, including high touch areas (high touch areas include, but are not limited to doorknobs, water fountains, handrails, elevators walls and buttons, bathroom faucets and dispensers, and reception desks or counters).
4. The social distance spacing is reduced to at least 3 feet, however this spacing may be reduced by the Presiding Judge, in their discretion.
5. The maximum allowable occupancy of each courtroom or meeting space is established such that all persons who must sit or stand in such space shall observe social distancing of at least 3 feet, unless reduced in the discretion of the Presiding Judge.
6. All persons who are in a court facility are required to wear a face covering while they are in common areas of the facility and courtroom. The Clerks of Superior Court shall post a notice of this requirement at the entrance to every court facility in their county. Failure to comply with this mandate could subject persons to Contempt of Court citations.
7. The Presiding Judge may allow the removal of masks during any proceeding, in their absolute discretion. Such an Order shall require masks to be worn in the common areas of the Judicial Facility.
B. Hearing of in custody, non-custody, defendant pleas, motions and probation violations for Superior Court.
1. The District Attorney shall calendar any cases that are ready for administrative setting. Plea offers shall be made prior to the date of court in writing.
2. Plea transcripts should be prepared and signed by the parties if possible, prior to the court date. If no plea is agreed upon, the case will be called and the plea offer rejected on the record, and a trial date set.
3. No defendant shall be allowed to accept a plea offer after it has been rejected, unless extraordinary circumstances exist and approved by the Court.
4. The District Attorney shall prepare a calendar for all cases or hearings which allocates designated time periods for each defense attorney or hearing. Such calendars shall return to pre- COVID practices.
5. Essential victim rights witnesses, defense witnesses, and members of the public shall be allowed in the Courtroom subject to available seating.
C. Specific rules for Grand Jury sessions until further notice:
1. That Grand Jury sessions in the District will move back to their regularly scheduled day on Monday of the trial session, or so previously scheduled.
2. The Grand Jury will meet in a meeting room appropriate for 3-foot social distancing.
3. All witnesses and Grand Jurors are authorized to wear or remove any face coverings, in their discretion.
D. WebEx Hearings
1. Remote civil hearings will continue to be utilized to the extent agreed to by all parties.
2. Remote criminal hearings are discouraged and shall only be allowed with the prior approval of the Presiding Judge.
E. Jury Trials
1. Beaufort County
a. Jury voir dire will take place at the Beaufort County Courthouse. Jury selection will be conducted as usual to the greatest extent possible.
a. Jury deliberation will take place in the jury deliberation room.
b. The Grand Jury will meet in the Beaufort County Commissioner’s Room at their regularly scheduled sessions.
c. The Jury Service Information Sheet will be used in place of the Jury video.
2. Martin County
b. Jury voir dire will take place at the Martin County Courthouse. Jury selection will be conducted as usual to the greatest extent possible.
c. Jury deliberation will take place in the jury deliberation room.
d. The Grand Jury will meet in the Grand Jury Room at their regularly scheduled session.
e. The Jury Service Information Sheet will be used in place of the Jury video.
3. Washington County
a. Jury voir dire will take place at the Plymouth Church of Christ. Jury selection will be conducted as usual to the greatest extent possible. Once selected, the trial will be conducted in the Courthouse.
b. Jury deliberation will take place in the Washington County Commissioners Room, or if not available, the Jury Deliberation Room.
c. Grand Jury will meet in the Washington County Commissioner’s Room at their regularly scheduled session.
d. The Jury Service Information Sheet will be used in place of the Jury video.
4. Tyrrell County
a. Jury voir dire will take place in the 2 Courtrooms of the Tyrrell Count Courthouse. Jury selection will be conducted as usual to the greatest extent possible.
b. Jury deliberation will take place in the jury deliberation room in Courtroom B.
c. The Grand Jury will meet in the Grand Jury room at their regularly scheduled session.
d. The Jury Service Information Sheet will be used in place of the Jury video.
5. Hyde County
a. Jury voir dire will take place at the Hyde County Courthouse. Jury selection will be conducted as usual to the greatest extent possible.
b. Jury deliberation will take place in the Hyde County Commissioner’s Room, if available, or the jury deliberation room.
c. The Grand Jury will meet in the Grand Jury room at their regularly scheduled session.
d. The Jury Service Information Sheet will be used in place of the Jury video
THIS ORDER is subject to amendment or revision if conditions change or dictate different rules.
This the 29th day of June, 2021.
Wayland J. Sermons Jr.
Senior Resident Superior Court Judge
Second Judicial District
