With the seemingly ever-changing nature of the COVID-19 pandemic, special circumstances are taking place in courts across the state. Recently, a special 63-day blanket filing extension to district courts has been put in place. Colorado Supreme Court Chief Justice Nathan Coats suspended jury calls throughout the state, oral arguments for the Colorado Court of Appeals will see a hiatus and the Supreme Court will now allow filings from pro se parties by fax and email, all due to the COVID-19 pandemic.
A special announcement on record due dates was placed on the Court of Appeals webpage recently. For record due dates, except in mental health appeals and dependency and neglect appeals, the court has granted a “blanket” 63-day extension to district courts to file any record due between March 25 and May 30.
Further, the clerk’s office will remain open, however the hours will be limited. The office is currently open from 9 a.m. to 2 p.m. until April 30.
Coats on March 20 signed an order extending the prohibition on jury calls until May 15, due to the COVID-19 pandemic.
“Due to the ongoing COVID-19 pandemic, I am extending the prohibition on jury calls through May 15, 2020, again excepting cases with imminent speedy trial deadlines,” Coats wrote in the order.
Previously, Coats had suspended all jury calls until April 3, with the exception of jury calls for criminal trails facing imminent speedy trial deadlines. In his March 20 order, Coats stated that the other provisions of his March 16 order remain in effect “indefinitely.”
A spokesperson for the Colorado Judicial Department said if anyone needs to go to court for any reason, they should check the web page for the judicial district where the court is located for the latest information about the local response to the pandemic. If there are further questions, the department suggests contacting the local court administration for further guidance.
In his previous order, Coats addressed certain court operations and provision of other essential court services statewide.
The March 16 order states that the following classes of matters and operations may not be suspended and will continue in the state courts, including:
- petitions for temporary civil protection orders and permanent protection order hearings;
- petitions for temporary emergency risk protection orders and hearings on emergency risk protection orders;
- Crim.P. Rule 5 advisement for incarcerated persons and the initial setting of bail;
- revocation hearings on complaints to revoke probation involving an incarcerated defendant;
- proceedings necessary to protect the constitutional rights of criminal defendants including bond-related matters and plea agreements for incarcerated individuals,
- detention hearings for juvenile delinquency cases;
- shelter hearings in dependency and neglect cases or other juvenile proceedings;
- petitions for appointment of an emergency guardian and/or special conservator;
- hearings on motions to restrict parenting time and parental abduction prevention; and emergency mental health proceedings.
As for those jury trials that were already called and interrupted by the virus outbreak, whether they will be convened on or after May 15, or if they will be subject to retrial, will be up to the parties and presiding judge in those cases, according to the department.
The department also said that chief justices and court staff in the districts are in continuous discussion with their county officials regarding building access, cleaning and maintenance issues.
“With regard to operations and matters that are neither designated essential nor prohibited by this order, the Chief Judges of the various districts will retain the discretion to determine whether those operations or matters are necessary to prevent a substantial risk of imminent financial hardship or imminent risk to the health, safety or welfare of any individual or the community at large,” the March 16 order states.
ORAL ARGUMENTS VACATED
The Court of Appeals webpage states the oral arguments for the period of March 16 to April 30 have been vacated due to the developments concerning the virus over the weekend of March 14.
“If the parties to an appeal confer and agree to waive the oral argument in their appeal, they should file a joint statement waiving the argument.
The Court will then decide the appeal in due course,” the court said.
However, if the parties do not agree to waive an oral argument, counsel for the party requesting the oral argument should file a notice with the court within 14 days of the date which the oral argument was originally scheduled, indicating the oral argument is wanted.
“The Court, in its discretion, will then either (1) reset the oral argument in a separate order, or (2) enter an order vacating the oral argument, and it will then decide the appeal in due course,” the court said.
If an argument will be reset by decision of the court, “it will be reset as reasonably expeditiously as possible,” due to the fluidity of the outbreak, the exact date cannot be determined at this time.
E-Filing For Pro Se Parties
The Colorado Supreme Court announced that it will accept filings of pro se parties by fax and email until further notice.
“Filing deadlines will still be enforced and filing dates will be confirmed based on the date of the submission of the fax or email,” the Supreme Court said.
If the filing requires a docket fee, the submitter will be contacted by court staff about payment, credit card payments for fax or email filings is not possible.
— Avery Martinez