Continuing Operations of the Courts of the State of Minnesota Under a Statewide Peacetime Declaration of Emergency. ...

March 13, 2020 STATE OF MINNESOTA IN SUPREME COURT ADM20-8001 CONTINUING OPERATIONS OF THE COURTS OF THE STATE OF MINNESOTA UNDER A STATEWIDE PEACETIME DECLARATION OF EMERGENCY The Governor of the State of Minnesota declared a peacetime emergency on March 13, 2020. Minn. Stat. § 12.31, subd. 2(a) (2018). The Governor's declaration relies on guidance provided by the Minnesota Department of Health to slow the spread of COVID- 19 and protect public health; it does not order the closing of state and public facilities. The continuing operations of the Minnesota Judicial Branch, including the day-to-day operations of the state's district and appellate courts, are impacted by the declaration, as are the health and safety of judicial branch employees, the general public, and the interests of citizens in access to justice and the protection of constitutional rights. The Chief Justice has general supervisory and administrative authority over the courts of the state of Minnesota, Minn. Stat. § 2.724 (2018); see also Minn. Stat.§ 480.16 (2018). Based on the extraordinary circumstances that led to the Governor's declaration, and in light of the need for continued operations by the Judicial Branch, IT IS HEREBY ORDERED THAT: 1. Proceedings in appeals pending before the Minnesota Court of Appeals and the Minnesota Supreme Court, including argument calendars, shall continue as scheduled by those courts. 2. Trials in any case type for which a jury has been empaneled and the trial has commenced as of the date of this order shall continue to conclusion, unless good cause exists based on the individual health and safety circumstances of any case participant to suspend that trial. 3. Effective March 16, 2020, the attached Minnesota Judicial Branch Case Priorities List (eff. Mar. 12, 2020) shall be used in each judicial district to identify, assign, schedule, and proceed with cases. Proceedings in Super High Priority and High Priority cases will continue as usual and in accord with the governing statute or court rule. 4. Other than for Super High Priority or High Priority cases subject to paragraph 3 of this order and criminal cases that are subject to a speedy trial demand under Rule 11.09 of the Rules of Criminal Procedure, no new jury trials will begin or be scheduled on or after March 16, 2020, for the next 30 days. 5. Other than for on-going jury trials, Super High Priority or High Priority cases, and criminal cases subject to a speedy trial demand, effective March 16, 2020, all district court proceedings are suspended through March 30, 2020. 6. Effective immediately or as soon as can be implemented, proceedings in any case type, including proceedings before the Supreme Court Commitment Appeal Panel, should be held through Interactive Video Teleconference (ITV) or other video or telephone conferencing to the extent practicable. Rule 1.05 of the Rules of Criminal Procedure and Rule 14 of the Rules of Procedure Governing Proceedings Under the Minnesota Commitment and Treatment Act are suspended until further order of the court in order to facilitate the use of ITV and video or telephone conferencing. 7. Citizens summoned for jury duty for cases governed by paragraphs 3-4 of this order, and jurors currently empaneled for a trial that is in progress as of the date of this order must appear as directed unless the person notifies court administration, in writing, by telephone, or e-mail, that the person cannot appear due to suspected or actual exposure to COVID-19. Parties and witnesses who are scheduled to appear for in-court hearings or proceedings in a case shall notify the court, in writing, by telephone, or by e-mail, if the person cannot appear due to suspected or actual exposure to COVID-19. 8. Courtrooms and court proceedings shall remain open to the public, though non-essential visits to Minnesota courthouses are discouraged. No person who has an elevated risk of transmitting the novel coronavirus that causes COVID-19 may attend any in-court hearing or proceeding. To the extent an individual's presence is required at a courthouse, court staff will promote the use of social distancing and other mitigation strategies as recommended by the Minnesota Department of Health. MDH Mitigation Guidance 9. This order will be updated as necessary based on changing circumstances. Dated: March 13, 2020 3 BY THE COURT: Lorie S. Gildea Chief Justice April 30, 2009, rev. March 2020 [CASE PRIORITIES CATEGORY DEFINITIONS] At its April 7, 2009 meeting the Court Operations Advisory Work Group (COAW) recommended that the case priorities list reviewed by the work group in December 2008 be utilized as the preferred list for courts to use in the event of an emergency or pandemic situation. The case priorities list was updated in March 2020. COAW acknowledged that there may be a need for a "Super High" category depending upon the situation in each particular district or county. The Super High category is subject to interpretation by each individual court when the need arises. COAW further requested that definitions for each category be provided with the case priorities list. Below are definitions for each category as defined by COAW at its December 2008 and April 2009 meetings. Super High Priority • High Priority Case (see below)+ an immediate liberty and/or safety concern are present requiring the attention of the court as soon as the court is available. • Examples of Case and Hearing types that may fall in the Super High category include: o Criminal Court search warrants, arrest warrants, initial appearances and bond reviews; o Family Court domestic abuse temporary protective orders; o Juvenile Court delinquency detention hearings and emergency removal matters; and o Mental Health commitment hearing. High Priority • Statutory and/or rule time line is short, typically less than 30 days • Constitutional Rights are primarily implicated (i.e.: criminal, juvenile delinquency, commitments) • Public safety concerns are paramount • Personal safety concerns are vital (i.e.: housing, custody, domestic assault) • Economic concerns coupled with any of the above concerns (i.e.: guardianship/conservatorship, housing) Medium Priority • Statutory and/or rule time lines are greater than 30 days • Constitutional Rights are implicated but are not a primary concern (i.e.: non-custody criminal trials) • Public safety, personal safety and economic concerns are implicated but urgency is low (i.e.: long-term foster care review, post-decree family hearings, contested probate) Low Priority • No statutory and/or rule time lines are immediately applicable • If timelines are applicable the implications of the other identified rights are negligible [MINNESOTA JUDICIAL BRANCH CASE PRIORITIES) Priority Level Case Type Hearing Type Timing Authority (provided in statute or rule) High Adoption Emergency Pre-Adoptive Custody Motion Order issued within 24 Minn. R. of Adopt. P. hours 29.04(2)(a) High Family Domestic Abuse Order for Protection Ex Parte Immediate Minn. Stat. § 518B.0l, subd. Order request 5(c), 7(c) High Family Domestic Abuse Order for Protection Ex Pa rte Hold Hearing within 7-10 Minn. Stat. § 518B.0l, subd. Hearings days 5(c) High Family Domestic Abuse Order for Protection Hearings Hold Hearing within 14 Minn. Stat. § 518B.0l, subd. days of order 5(a) High Civil Ex Parte Temporary Restraining Order Hearings Immediate if irreparable Minn. R. Civ. P. 65.01 harm High Civil Ex Parte Harassment Restraining Orders Immediate Minn. Stat. § 609.748, subd. 3 High Civil Harassment Hearings Minn. Stat. § 609.748, subd. 3 High Civil Temporary Injunction Hearings Earliest practical time if ex Minn. R. Civ. P. 65.02 parte TRO High Juvenile Judicial Bypass/Parental Notification 24 hours Minn. Stat. § 144.343, subd. 6(c)(iv) High Criminal First appearance (F, GM, MSD) if in-custody 36 hours Minn. R. Crim. P. 4.02, subd. 5(1), (3) High Criminal First Appearance on Probation Violation Warrant 36 hours Minn. R. Crim. P. 27.04, subd. 1(2) High Criminal Probable Cause Determining (no hearing required) 48 hours Minn. R. Crim. P. 4.03, subd. 1 High Criminal Arraignment Hearing if not arraigned at first 7 days from first Minn. R. Crim. P.19.04, subd. 4 appearance on indictment appearance High Criminal Omnibus Hearing After Indictment 7 days Minn. R. Crim. P. 19.04, subd. 5 High Criminal Probation Violation Hearing when D is in-custody 7 days Minn. R. Crim. P. 27.04, subd. 2 High Criminal Trials (M) - In-Custody 10 days Minn. R. Crim. P. 6.06 High Criminal Rule 8 appearance (F, GM) if right to separate 14 days Minn. R. Crim. P. 5.05 hearing under Rule 8 not waived High Criminal Omnibus Hearing 28 days Minn. R. Crim. P. 8.04(c) (non-indictment cases) (felony and GM) [MINNESOTA JUDICIAL BRANCH CASE PRIORITIES] Priority Level Case Type Hearing Type Timing Authority (provided in statute or rule) High Criminal Non-Custody Probable Cause Hearings 28 days Minn. R. Crim. P. 8.04(c) (felony and GM) High Family UCCJEA-Return of child order enforcement Hold Hearing 1 day after Minn. Stat. § 518D.308(c) service of order High Family Warrant for custody of child Hold Hearing 1 day after Minn. Stat. § 518D.311(b) warrant is executed High Family In-Custody Hearings (family bench warrant) 72 hours 5188.01, subd 14 High Family Emergency Family Hearings/Motions Within 14 days from relief Minn. Gen. R. Prac. 303.04(f) being granted if relief affects custody or parenting time High Family Family Court Temporary Custody/Parenting Time Earliest practicable date Minn. Stat. § 518.131, hearings Minn. Stat. § 518.168 High Family Trials when custody/parenting time is an issue Earliest practicable date Minn. Stat. § 518.131, Minn. Stat. § 518.168 High Housing Expedited Eviction Hearing 5-7 days Minn. Stat. § 5048.321, subd. 2 High Juvenile Juvenile Delinquency In-Custody 24 hrs (if in adult det.) Minn. R. Juv. Del. P. 5.07, subd. Delinquency 36 hrs (if in juvenile det.) 1 High Juvenile Probable Cause In-Custody Minn. R. Juv. Del. P. 6.05 Delinquency High Juvenile Detention Review 8 days Minn. R. Juv. Del. P. 5.08, subd. Delinquency 1 High Juvenile EJJ Hearing 30 days; order issued Minn. R. Juv. Del. P. 19.09, Delinquency within 15 days subd. l(B); 19.07, subd. 2 High Juvenile Non-custody delinquency trials 60 days from demand for Minn. R. Juv. Del. P. 13.02, Delinquency speedy subd.2 High Juvenile Omnibus Hearing Before trial Minn. R. Juv. Del. P. 12.01 Delinquency High Juvenile CertificationHearing 30 days Minn. R. Crim. P. 18.05 subd. Delinquency 1(8) [MINNESOTA JUDICIAL BRANCH CASE PRIORITIES) Priority Level Case Type Hearing Type Timing Authority (provided in statute or rule) High Juvenile Admit/ Deny Hearing when child is in placement Hold Hearing within 10 Minn. R. Juv. Prat. P. 46.02, Protection days of EPC hearing subd. 1 High Juvenile Admit/Deny Hearing for TPR and Permanency Hold Hearing within 10 Minn. R. Juv. Prat. P. 55.02 Protection days of service of summons and petition, or within 10 days of filing of petition if court finds reasonable efforts to reunify are not required High Juvenile Emergency Protective Care Hearing Hold Hearing within 72 Minn. R. Juv. Prat. P. 39 & Protection hours 42.01, subd. 1 High Juvenile Continued Emergency Child Protection Hold Continued Hearing Minn. R. Juv. Prat. P. 42.01, Protection within period approved subd. 2 by judge, which cannot exceed 8 days High Juvenile Private CHIPS Petition Court Review within 3 Minn. R. Juv. Prat. P. 45.03 Protection days of Filing High M H/ P Continued Hold/Preliminary Hearing ("PC Hearing" Within 72 hours of Minn. Stat.§§ 2538.05, subd. or "Settlement Conference") issuance of a judicial hold 3; 2538.07, subds. 2b & 7 High M H/P Judicial Commitment Hearing ("Trial" or "Rule 20 Within 14 days of filing Minn. Stat. § 2538.08, subd. 1 Hearing") the commitment petition - 30 day continuance for good cause High MH/P SPP/SDP Commitment Hearing- In-Custody Within 90 days of filing - Minn. Stat. § 2538.08, subd. 1 30 day continuance for good cause High MH/P Commitment In-Custody Hearings upon demand Hold Hearing within 5 Minn. Stat.§ 2538.08, subd. 2 days May extend another 10 days for good cause High MH/P Emergency Guardianship/Conservatorship Petitions Within 5 days after ex Minn. Stat. §§ 524.5-311(b); part e appointment 524.5-409, subd. 2(b) [MINNESOTA JUDICIAL BRANCH CASE PRIORITIES) Priority Level Case Type Hearing Type Timing Authority (provided in statute or rule) High MH/P Jarvis hearings 14+30 days Minn. Stat.§ 253B.092, subd. 8 Medium Adoption Non-Emergency Direct Placement Hearing Hold hearing within 30 Minn. R. Adopt. P. 29.04, subd. days of petition filing 1 Medium Civil Objection to Exemption Hearings (garnishment Hold hearing no sooner Minn. Stat. § 571.914 cases) than 5 days and no later than 7 days from date of filing, with one continuance of up to 7 days. Issue order within 3 days of hearing Medium Civil Writ requests - Hearings Hold Hearing within 60 Minn. Stat. § 169A.53(s)(3)(a) days Minn. Stat. § 169A.53(s)(3)(e) Issue order within 14 days Medium Civil Contested Foreign Judgments Statute requires the court Minn. Stat. § 548.28 administrator to "promptly" notify the debtor upon filing of foreign judgment, and no process can issue until 20 days after judgment is filed Medium Civil Appeals from Administrative Hearings Medium Civil Civil Jury and Court trials Minn. R. Civ. P. 38 & 39 Medium Civil Scheduling Order No sooner than due date Minn. Gen. R. Prac. 111.03 for last cover sheet and no later than 90 days after filing Medium Criminal Trials (MSD) - non-custody if speedy demanded Within 60 days from Minn. R. Crim. P. 6.06 demand [MINNESOTA JUDICIAL BRANCH CASE PRIORITIES] Priority Level Case Type Hearing Type Timing Authority (provided in statute or rule) Medium Criminal Trials (F, GM) if speedy demanded Within 60 days from Minn. R. Crim. P. 11.09 DWI, Crimes Against Persons, Domestic Abuse, demand VOOP, Felony Property Crimes Medium Criminal Evidentiary/Suppression Hearings Before Trial Minn. R. Crim. P. 12.04, subd. 3 (misdemeanors) Medium Family Expedited Child Support Hearings No sooner than 21 days Minn. Gen. R. Prac. after service but within 60 364.03 days of service Medium Family Paternity custody trials Minn. Stat.§§ 257.541, 257.61 Medium Family Family Court Cases with mandatory GAL Minn. Stat. § 518.165 Gen. R. Prac.903 Medium Family Family court Post-decree custody motions Minn. R. Gen. P. 364.02 Minn. Stat. § 518A.39 Medium Family Family Court Temporary support and maintenance Minn. Stat. §§ 518.131 hearings Medium Family Post-Decree Support, Maintenance, and other Minn. Stat. § 548.091, subd. 1 Family Judgments Medium Family Financial Institution Data Match Hearing Hold Hearing at earliest Minn. Stat. § 552.06, subd. 5(c) practical time but no later than 10 days after request for hearing Medium Housing Unlawful Detainer Eviction Hearing 7-10 days Minn. Stat. § 5048.321, subd. 1 Medium Juvenile All Other Juvenile custody trials 30 days Minn. R. Juv. Del. P. 13.02, Delinquency subd. 1 Medium Juvenile TPR trials 60 days Minn. R. Juv. Prot. P. 52.02, Protection subd. 4 and 58.01, subd. l (c) Medium Juvenile CHIPS permanency hearings 90 days or 6 months, Minn. R. Juv. Prot. P. 51.03; Protection depending on disposition Medium Juvenile Long term foster care review hearings Minn. Stat. § 260C.201, subd. Protection ll(g) [MINNESOTA JUDICIAL BRANCH CASE PRIORITIES] Priority Level Case Type Hearing Type Timing Authority (provided in statute or rule) Minn. R. Juv. Prat. P. 42.05, subd. 2(e)(2), 2(g) Medium MH/P Contested probate hearings Minn. Stat. Ch. 524; 525 Medium MH/P Guardianship and Conservatorship Hearings non- Minn. Stat. §§ 524.5-304, .5- emergency 405, .5-406 Low Adoption Adoptions 24 months- federal law No statute or rule low Civil Notice to Remove Upon timely filing of a proper Minn. R. of Civ. P. 63.03 notice to remove. must immediately notify chief judge who will assign a substitute judge low Civil Implied Consent Hearings The hearing must be held at the Minn. Stat. § 169A.53, subd. 3 earliest practicable date, and in any event no later than 60 days following the filing of the petition for review. low Civil Civil writ of attachments and contempt Minn. R. Civ. P. 70 Low Civil Discovery Motions Minn. R. Civ. P. 37 Low Civil Summary Judgment Minn. R. Civ. P. 12 & 56 low Civil Other Dispositive Motions Minn. R. Civ. P. 12 & 56 low Civil Order to Show Cause Hearings Gen. R. Prac. 116; 303.05 Low Civil Vehicle Forfeiture Minn. Stat. § 169A.63, Low Civil Approva l of minor settlements hearings Minn. Gen. R. Prac. 145 Low Civil Name Changes Minn. Stat. § 259.10 low Civil Mortgage Foreclosure Hearings, including Minn. Stat. §§ 325N and 580 Redemption Low Conciliation Conciliation Court hearings Hold Hearing not less Minn. R. Gen. P. 508(a) than 14 days from date of mailing or service of summons unless otherwise ordered by judge [MINNESOTA JUDICIAL BRANCH CASE PRIORITIES] Priority Level Case Type Hearing Type Timing Authority (provided in statute or rule) Low Conciliation Conciliation Court appeals Minn. R. Gen.P. 521 Low Criminal Non-traffic misdemeanors 60 Days (same procedure Minn. R. Crim. P. 23.05, subd. as Misdemeanor) 3· Low Criminal Misdemeanor traffic 60 Days (same procedure Minn. R. Crim. P. 23.05, subd. as Misdemeanor) 3; Low Criminal Forfeiture of Personal Property Within 96 hours from MN Stat. §609. 5312, subd.3(b) forfeiture &4(b) Low Criminal Forfeiture of Vehicles used in drive-by shootings Minn. Stat. § 609.5318, etc. Low Family 6 Month Review Hearing Court administrator shall Minn. Stat. § 518.1781 schedule the six-month review hearing as soon as practicable following the receipt of the hearing request form Low Family Dissolution trials when custody not an issue Minn. Stat. § 518.131, Minn. Stat. § 518.168 Low Housing Rent Escrow Hearings and Trials 10-14 days from deposit Minn. Stat. §5048.385,subd.5 of rent with court or tenant files proper notice and is not required to deposit rent Low Juvenile Juvenile Status offenses Low Juvenile Juvenile traffic Minn. R. Juv. Del. P. 17.05, subd. 2(A), (B) Low MH/P Judicial Appeal Panelhearings Within 45 days of filing- Minn. Stat. § 253B.19, subd. 2 extension for good cause Low MH/P Other probate hearings Minn. Stat. §§ 524.3-403, .3- 405, etc.