The Vermont Supreme Court has declared a “judicial emergency” and is suspending all non-emergency court hearings in response to COVID-19.
The order from the state’s highest court, which oversees the Vermont superior court system, was issued late Monday afternoon. The order comes after the high court Friday postponed certain trials, specifically those in which defendants are jailed on the charges against them.
The suspension of the non-emergency hearings will last through at least April 15. For those emergency hearings that still will occur, parties, when feasible, can appear by video. And for some hearings, according to the order, parties can appear by phone.
According to the order, among the emergency hearings that would continue to be heard include: arraignments when defendants are in custody, arraignments for domestic assault charges, and emergency family court custody matters and hearings related to stalking and relief from abuse orders.
Among the exceptions cited by the court are: “Proceedings related to the COVID-19 public health emergency.”
The order also outlines the steps for attorneys for electronic filing of motions.
“Individuals seeking to file documents with the court in person may file them in the receptacle provided at the entryway to each courthouse,” the order reads. “Individuals will not be permitted to enter the courthouse to file documents, and filings will not be accepted at the counter.”
Also, according to the order, as long as it stays in effect, the high court “directs” judiciary staff to make “reasonable” efforts to comply with timelines in the Vermont Access to Court Records Rule.
“However,” the order stated, “for the duration of this order the court suspends strict guidelines of these guidelines.”
Matthew Valerio, Vermont’s defender general, whose department represents many of the state’s defendants, called the order “expected” under the circumstances.
“What’s going on seems to be very consistent with what is going around the country,” he said.
He did say, however, “The Constitution doesn’t go away during times of strife like this.”
The court can, though, “choose to put public health over speedy trial rights and that kind of thing,” he said. “It just means that you may not have as many people convicted of things while we make that choice.”
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