GENERAL ORDER RE: IMPLEMENTATION OF EMERGENCY RELIEF AUTHORIZED PURSUANT TO GOVERNMENT CODE SECTION 68115 BY CHAIR OF JUDICIAL COUNCIL and OTHER ORDERS
Mar 24, 2020 12:00AM ● By By Kimberly Flener, Butte Superior Court
Exercising the authority granted under Government Code section 68115 and the March
23, 2020 Order of Chief Justice Tani G. Cantil-Sakauye, Chair of the Judicial Council of
California, issued in response to the March 22, 2020 request for an emergency order made by the
Superior Court of Butte County ("Court"), this Court HEREBY FINDS AND DOES SO DECLARE:
1. That any dates from March 23, 2020, to March 27, 2020, inclusive, are deemed holidays for purposes of computing the time for filing papers with the court under Code of Civil Procedure sections 12 and 12a. (Gov. Code,§ 68115(a)(4).)
2. That any dates from March 23, 2020, to March 27, 2020, inclusive, are deemed holidays for purposes of computing the time (Gov. Code, § 68 l 15(a)(5)) under:
Penal Code section 825 (time to bring criminal defendant before magistrate after arrest);
Welfare and Institutions Code section 313 (time to release minor taken into custody pending dependency proceedings);
Welfare and Institutions Code section 315 (time to hold detention hearing for minor taken into custody pending dependency proceedings);
Welfare and Institutions Code section 334 (time to hold hearing on dependency petition);
Welfare and Institutions Code section 631 ( time to release minor taken into custody pending wardship proceedings);
Welfare and Institutions Code section 632 (time to hold detention hearing for minor taken into custody pending wardship proceedings);
Welfare and Institutions Code section 637 (time to hold detention rehearing in wardship proceedings if parent/guardian files affidavit asse1iing lack of notice of hearing or minor requests evidence of prima facie case); and
Welfare and Institutions Code section 657 (time to hear wardship petition) .
3. That the time periods provided in sections 583.310 and 583.320 of the Code of Civil Procedure to bring an action to trial are extended by not more than 60 days. (Gov. Code,
§ 68115(a)(6).) This applies only to cases in which the statutory deadline otherwise would expire from March 23, 2020, to April 21, 2020, inclusive.
4. That any temporary restraining order that would otherwise expire from March 23, 2020, to April 21, 2020, inclusive, is extended by not more than 30 days because the emergency condition described herein prevented the court from conducting proceedings to determine whether a permanent order should be entered. (Gov. Code,§ 68115(a)(7).)
5. That the time period provided in section 859b of the Penal Code for the holding of a preliminary examination is extended from 10 court days to not more than 15 court days, applicable only to cases in which the statutory deadline otherwise would expire from March 23, 2020, to April 21, 2020, inclusive. (Gov. Code,§ 68115(a)(9).)
6. That 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 is extended from 48 hours to not more than 7 days, applicable only to cases in which the statutory deadline otherwise would expire from March 23, 2020, to April 21, 2020, inclusive. (Gov. Code,§ 68115(a)(8).)
7. That 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 is extended to not more than seven (7) days. (Gov. Code,§ 68115(a)(l l).) This applies only to minors for whom the statutory deadline otherwise would expire from March 23, 2020, to April 21, 2020, inclusive.
8. That 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 is extended to not more than seven (7) days. (Gov. Code,§
68115(a)(l 1).) This applies only to minors for whom the statutory deadline otherwise would expire from March 23, 2020, to April 21, 2020, inclusive.
9. That 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 offense must be given a detention hearing or rehearing are extended to not more than seven (7) days. (Gov. Code,§ 68115(a)(l 1).) This applies only to minors for whom the statutory deadline otherwise would expire from March 23, 2020, to April 21, 2020, inclusive.
10. That 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 is extended by not more than fifteen (15) days. (Gov. Code,§ 68115(a)(12).) This applies only to minors for whom the statutory deadline otherwise would expire from March 23, 2020, to April 21, 2020, inclusive.
11. That 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 is extended by not more than fifteen (15) days. (Gov. Code,§ 68115(a)(12).) This applies only to minors for whom the statutory deadline otherwise would expire from March 23, 2020, to April 21, 2020, inclusive.
IT IS ADDITIONALLY ORDERED BY THIS COURT that from 3/23/2020 to 3/27/2020, inclusive:
12. The court will call in-custody arraignments using video conferencing with the jail and allow access to the courthouse to the District Attorney or his designee to attend the an-aignment.
13. There shall be no public access to the courthouse except for:
Access to the entranceway between the hours of 8:30 a.m. to 4:00 p.m. to submit documents for filing using a drop box and/or to pick up any emergency orders that may issue.
Parents who are attending a proceeding, if any, held under W & I section 300 may attend.
The court will not entirely close operations as it will remain open during the time of limited access to receive e-filing, drop box filing, and respond to emergency requests for orders. No calendars will be called with the exception of in-custody an-aignments, LPS Conservatorships, Riese Hearings, and juvenile 300 and 602 detention matters. All court proceedings not called during the time of limited access will be rescheduled by the court. The court will send written notice to any party who has had a matter rescheduled. Any criminal matters continued as the result of this order shall remain with Custodial Status and/or Bail Amount as previously set, and any previously imposed conditions of release and/or bail shall continue.
IT IS SO ORDERED, EFFECTIVE IMMEDIATELY.