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After a sweeping Bay Area-wide shelter-in-place order was issued Monday by the region’s public-health officers to slow the spread of coronavirus, county courts throughout the Bay Area have announced they will further reduce services, and authorities are exploring ways to further stem exposure by decreasing jail populations while at the same time avoiding new risks to public safety.
In line with the multi-county order for people to stay home unless they are performing “essential” functions or tasks, the superior courts of Santa Clara, Alameda and San Mateo counties announced more sweeping closures in their court system Tuesday, scheduled to last until at least April 7.
Additionally, jail visitation has been drastically reduced or suspended altogether throughout the Bay Area. On Tuesday, Santa Clara County announced a moratorium on jail visits, and said that inmates would instead be “gifted” two five-minute calls per week during the duration of the sheltering order. In Contra Costa County, the sheriff’s office has suspended most visitors to the county’s jail facilities, though attorneys will still be allowed to have non-contact visits with their clients.
A letter sent to an array of Santa Clara County officials from the Coalition of Justice and Accountability — an alliance of South Bay civil-rights groups — renewed calls echoed across the country for aggressive efforts to reduce jail populations during the coronavirus crisis, through measures like postponing jail sentences for out-of-custody defendants, easing enforcement on non-violent offenses and probation violations, and granting early releases to elderly or infirm inmates and those in the final months of their jail sentences.
In a San Jose courtroom, an assembly of attorneys, including those from the Santa Clara County Counsel and the district attorney’s and public defender’s offices, spoke before Judge Eric Geffon on Tuesday to begin forming a potential release plan for select inmates to decrease infection risks in the county jails, and to create quarantine space in the facilities. There appeared to be consensus for early release for people approaching the end of their jail sentences.
For those still in jail, the coalition wants authorities and officials to offer accommodations including making video call and phone services free for the duration of the sheltering order; eliminating markups and transaction fees for commissary purchases; and improving communication avenues for families of inmates so they can be up to date on their conditions.
Legal experts and defense attorneys have argued that besides extended jail stays and case delays that infringe on defendants’ due process rights, the court slowdowns are keeping defendants in a jail environment that had acute health risks that are now compounded by COVID-19.
Last week, two Santa Clara County jail inmates were placed into quarantine after a jail visitor who interviewed them tested positive for the virus. This news organization has since confirmed the visitor was an attorney with the county public defender’s office. Then Monday, Santa Clara County Sheriff Laurie Smith said two more inmates were isolated as a precaution because they were the recipients of mail from the same person, though Smith said their risk of exposure was more limited. She added that none of the quarantined inmates have exhibited symptoms of COVID-19.
In Alameda County, Sheriff’s Sgt. Ray Kelly said that discussions for early inmate release “are on the table, but we’re still in the early stages” of talks involving his agency, the district attorney’s and public defender’s offices, as well as the county court and probation department.
Kelly said the sheriff’s office will try to release inmates “when and where we can” using broader discretion for nonviolent suspects, such as those who do not pose a threat to public safety. But he also said this could create a new dilemma if they do not have care or shelter, and that they’re working with local and state authorities to help them get hotel rooms.
Back at the courthouses, Santa Clara County has excused jury duty requirements for those called up during the three-week shelter order, and is keeping some courtrooms open for criminal felony, misdemeanor, domestic violence and family violence arraignments, and preliminary hearings where a defendant invoked their right to a speedy trial. Other cases still being heard involved domestic-violence restraining orders, juvenile dependency detentions, emergency mental health reviews, civil harassment restraining orders, select conservatorship matters, and juvenile detentions.
In San Mateo County, the Superior Court announced Monday that it obtained an emergency order from the chief justice of the California Supreme Court authorizing the Peninsula courts to suspend all trials for up to 30 days, and that court hearings encompassing civil, small claims, traffic, family law and probate matters will be continued or rescheduled. Criminal cases are also ordered postponed except in cases where a defendant invoked their right to a speedy trial.
Monday night, the Alameda County Superior Court announced a similar emergency order from the chief justice to close all courthouse locations to the public during the shelter-in-place period. Only temporary restraining orders can be filed via a drop box at the Hayward Hall of Justice.
This also means no courtroom will remain open, for now, for criminal arraignments, including for defendants charged with violent and other felonies. Chad Finke, Alameda County’s Court Executive Officer, said Tuesday that this was a rapidly changing situation, and arraignments could be reopened before the general public closure ends in April.
In Contra Costa County, one courtroom will be available for in-custody arraignments for adult and juvenile defendants and their attorneys, but will remain closed to the public. The Solano County Superior Court is keeping some of its courtrooms open for now, but announced it would seek a closure order for all courts handling most civil, small claims, unlawful detainers, and family law case. Courthouse drop boxes will be available for submitting filings and other court documents.
Staff writer Nate Gartrell contributed to this story.
COURT INFORMATION AMID CLOSURES AND POSTPONEMENTS
Santa Clara County: www.scscourt.org/online_services/case_info.shtml
Contra Costa County: www.cc-courts.org
Alameda County: www.alameda.courts.ca.gov/Pages.aspx/COVID-19
San Mateo County: www.sanmateocourt.org