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ROBERT H. ZIMMERMAN, Bar No. 84345 F Superior Court of California F
SCHUERING ZIMMERMAN & DOYLE, LLP County of Butte
400 University Avenue | |
Sacramento, California
(916) 567-0400
95825-6502
10/9/2020 L
FAX: 568-0400
e it » Gler D
By Deputy
Attorneys for ENLOE MEDICAL CENTER fectronicaly FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
|
10 PATSY NEWTON, individually; HAROLD NO. 20CV01091
NEWTON, individually; SUZANNE
11 BOLDEN, individually, ASSIGNED TO THE HONORABLE
JUDGE TAMARA L. MOSBARGER FOR
12 Plaintiffs, ALL PURPOSES
13 vs. DECLARATION OF RICHARD J.
HOGAN IN SUPPORT OF DEFENDANT
14 ENLOE MEDICAL CENTER; and DOES 1 - ENLOE MEDICAL CENTER’S MOTION
50, et al., TO CONTINUE TRIAL
15
Defendants. Date: November 4, 2020
16 Time: 9:00 a.m.
Dept.: 1
17 Trial: December 14, 2020
18 I, RICHARD J. HOGAN, declare:
19 1 Iam an attorney at law licensed to practice in the State of California. 1am
record
20 an employee of the law firm of Schuring Zimmerman & Doyle, LLP, attorneys of
21 for defendant Enloe Medical Center ("Defendant").
22 2 This case arises from the provision of medical care provided by Defendant
23 to plaintiff PATSY NEWTON (“Plaintiff”). On May 29, 2020, Plaintiffs filed a complaint
24 alleging four causes of action, including: (1) Elder Abuse; (2) Negligent Infliction of
Rights.
25 Emotional Distress; (3) Loss of Consortium; and (4) Violation of Patients' Bill of
26 3. Since March 4, 2020, the State of California has been inastate of emergency
the Presiding
27 as a result of the threat of COVID-19. A true and correct copy of the Order of
28 MI
01291070.WPD 1
DECLARATION OF RICHARD J. HOGAN IN SUPPORT OF
DEFEND ANT ENLOE MEDICAL CENTER'S MOTION TO CONTINUE TRIAL
Judge Amending Order of March 18, 2020 Affecting Court Operations is attached as Exhibit
A
4 On July 10, 2020, the Superior Court of the State of California, County of
Butte, issued an Emergency Order of the Presiding Judge Affecting all Jury Trials. A true
and correct copy of the order is attached as Exhibit B.
5. On July 14, 2020, plaintiff filed a Motion for Trial Preference with a
of
declaration from Sean Laird, attorney at law, claiming plaintiff suffered from a myriad
of
health issues which justified preference. A true and correct copy of the declaration
Sean Laird is attached as Exhibit C.
10 6. On August 12, 2020, the Court granted Plaintiff's Motion for Trial Preference,
that
11 because the Declaration of Sean Laird established that "[Ms. Newton's] health is such
a jury
12 a preference is necessary to prevent prejudicing her interest in the litigation." Thus,
correct
13 trial date was to be set no later than 120 days after August 12, 2020. A true and
Exhibit
14 copy of the Minute Order granting the Motion for Trial Preference is attached as
15 D.
7 On September 2, 2020, the parties appeared for a case management
16
nt
17 conference. The Court set a jury trial date for December 14, 2020. Counsel for defenda
nt's
18 objected to that date, based on a scheduling conflict. The Court noted defenda
in
19 objection. The Court apprised the parties of the extreme logistical difficulties involved
criminal
20 the accommodation of jury trials, given the pandemic, and the lengthy backlog of
trial,
21 jury trials. The Court also noted that it may be unwise for Plaintiff to attend a jury
22 given her failing health and the global pandemic.
23 8 On September 16, 2020, the deposi tion of Plaintiff was completed. Plaintiff's
copy
24 testimony established that her health is not currently a concer. A true and correct
25 of excerpts from Plaintiff's deposition testimony is attached as Exhibit E.
26 Ml
27 Ml
28 Ml
01291070.WPD 2
DECLARATION OF RICHARD J. HOGAN IN SUPPORT OF
DEFENDANT ENLOE MEDICAL CENTER'S MOTION TO CONTINUE TRIAL
I declare under penalty of perjury under the laws of California t e foregoing
is true and correct and that this declaration was executed on this day of October, 2020
at Sacramento, California.
ar INO.
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01291070.WPD. 3
DECLARATION OF RICHARD J. HOGAN IN SUPPORT OF
DEFENDANT ENLOE MEDICAL CENTER'S MOTION TO CONTINUE TRIAL
EXHIBIT “A”
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF BUTTE
ORDER OF THE PRESIDING JUDG: F Superior Gourt of Califproia
AMENDING ORDER OF ARCH 18, 2020 | County of Butta| i
MAR 2 7 2020 L
AFFECTING COURT OPERATIONS
“ite mk =D
D «i barly Fle
By Deputy
This Court HEREBY FINDS AND ORDERS AS FOLLOWS:
result of the threat of
1 Since March 4, 2020, the State of California has been ina State of Emergency as a
COVID-19.
Californians to shelter in place
On March 19, 2020, the Governor of California issued an order directing all
s of the federal critical
10 at their place of residence except as needed to maintain continuity of operation
e delivery system is capable of
VW infrastructure sectors to protect public health and ensure that the healthcar
serving, all and prioritizing those at the highest risk and vulnerability. State courts are included in the
12
13 definition of federal critical infrastructure as defined in the Governor's directive,
County Superior Court and thereafter
14 On March 18, 2020, this court ordered reduced access to the Butte
of time no calendars would be called
15 amended that order on March 23, 2020, that for that week’s period
been
16 and public access would be limited. Essential functions of the Butte County Superior Court have
defendant’s constitutional rights and to
17 limited to those proceedings that are required to comply with a
nt action would affect an individual’s health,
18 address jail populations, or to proceedin: gs where governme
19 property, liberty or children.
emergency orders from the Chief
20 On March 20, 2020 and March 23, 2020, this court sought and received
Justice of the California Suprer ne Court for relief consistent with
California Government Code section
21
Superior Court, Those orders remain.
22 68115, posting those orders on the website of the Butte County
and local level.
23 Declarations of emergency have been declared on a national, state
County who have
24 Butte County Departmen’ t of Public Health has confirmed five individuals in Butte
community contacts of those individu: als
25 contracted COVID-19 with little to no public information as to the
26 and that other tests for COVID-19 remain pending,
27
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OF MARCH 18, 2020 AFFECTING COURT OPERATIONS,
ORDER OF THE PRESIDING JUDGE AMENDING ORDER
1
Protection of public health and safety in connection with the COVID-19 threat has resulted or is expected
to result in significant interference with Superior Court services and proceedings. Essential functions of
the Butte County Superior Court have been limited.
Although the Federal Constitution generally precludes closure of substantive courtroom proceedings in
criminal cases and California’s Code of Civil Procedure section 124 generally precludes closure of
substantive civil proceedings, the current COVID-19 crisis resulting in declarations of emergency on a
national, state, and local level, and the directives to shelter in place and restrict gatherings to ten people
with distance of six feet apart, clearly demonstrates an overriding interest supporting restricting courthouse
entry and permitting access to only those persons who are required to appear in person in any Butte County
10 Superior Court courthouse, and further compels the court to require and allow appearance by remote means
il such as phone or video, and require and allow counsel to make special appearances for other attorneys.
permit
12 Public health and safety would be prejudiced absent such restriction, which is narrowly tailored to
13 only those required to enter the courthouse and there is no less restrictive means of achieving this overriding,
14 interest, (NBC Subsidiary (KNBC-TCV), Inc. v. Superior Court (1999) 20 Cal.4" 1178, 1181-1182.) And
10.603,
15 in furtherance of the authority of the Presiding Judge pursuant to California Rule of Court, Rule
of
16 the responsibility of the Presiding Judge to issue such orders as warranted for the efficient management
7 the court.
it
18 For the reasons stated herein and for the reasons articulated in the prior findings and orders of this court,
to the
19 is now ordered that the Butte County Superior Court will continue to limit and restrict access
remain.
20 courthouses and limit proceedings as stated in Attachment A. Any prior orders not in conflict herein
21
22 THE ORDER IS EFFECTIVE IMMEDIATELY.
23
24 pat: 212 eoto Chore Ke tle
Hon, Clare Keithley, Presiding Jud
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18, 2020 AFFECTING COURT OPERATIONS
ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH
2
ATTACHMENT A
CRIMINAL CALENDARS
1 Out of Custody: The majority of these cases will not be called by the court and will be continued by the
court to dates past May 18, 2020. The court will re-notice and the new date will be available on the court’s
website.
In Custody: The court will call a calendar for defendants who are in-custody on the date of the calendar.
The defendants will appear by video from the jail as one Felony / Misdemeanor Calendar on Wednesday
and Thursday each week, Custodial status will be addressed,
appear on
10 a. ‘A Public Defender and District Attorney will be present in the courtroom to specially
W all in-custody defendants.
.
12 b. Private Attorneys and Public Defenders may attend at the jail or in the courtroom
jail.
13 c. Anyone appearing at the jail must follow the Sheriff's protocol for entry into the
y and Thursday:
14 3. One Calendar for Felony and Misdemeanor Attorney Appearances Wednesda
a guilty plea on a
15 a. This calendar will allow attorneys to appear on behalf of their client to enter
16 misdemeanor.
y cases without
7 b. This calendar will preside over evidentiary hearings in the afternoon for in-custod
18 atime waiver.
court that day.
19 c. Pro per appearances will only be allowed for a case that is calendared by the
20 4. Preliminary Hearings:
be heard at 1:30 p.m.
21 a. Preliminary Hearings without a time waiver confirmed for hearing will
22 Wednesday and Thursday, or Friday at either 8:30 a.m, or 1;30 p.m.
forward to an
23 b. In-custody cases without a time waiver are the only Preliminary Hearings going
24 evidentiary hearing between March 30, 2020 and June 1, 2020.
Community Supervision) calendar remains on Fridays at 10:30 a.m.
25 Parole/PRCS (Post-Release
26 Defendants will appear by video from the jail.
March 30, 2020 and May 18,
27 BTA Calendars (Out-of-custody Friday morning arraign ments) between
28 2020 are being continued by the court to a Friday after May 18, 2020.
18, 2020 AFFECTING COURT OPERATIONS
ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH
3
7. Traffic:
These case will continue to be called at the North County Courthouse (NCCH) starting the week
of March 30, 2020 with a limit to 15 cases at 8:30 a.m.
Mandatory appearances have been rescheduled for cases on calendar between March 23, 2020
and May 18, 2020. Any “extension fee” for non-mandatory appearances pursuant to Penal Code
section 1205(e) will be waived through May 18, 2020.
‘Traffic Trials between March 23, 2020 and May 18, 2020 are vacated and reset. Trials will be set
for dates after May 18, 2020.
10 IVIL CALENDARS
i 1 The majority of these case types are being continued by the court to dates past May 18, 2020:
12 a. Civil Jury Trials
13 b Civil Court Trials
14 ©. Trial Readiness Conferences
15 d. Mandatory Settlement Conferences
16 Pre-Trial Discovery Conferences
17 Law and Motion Calendars
18 Case Management Calendars
19 ‘Small Claims
20 i Unlawful Detainers
2i J Civil Harassments
The majority of cases will be continued by the court to dates past May 18, 2020 with the
22 2. Probate:
23 exception of:
a. LPS calendars will be heard as scheduled on Tuesdays at 10 a.m. Counsel may appear by
24
25 CourtCall or appear in court. Clients may appear telephonically or the attorneys may appear on
26 their behalf.
27 Guardianship of Minors: Annual reviews will be conducted ex-parte and continued for one year
guardianship is contested
28 if the guardianship continues to be in the best interest of the minor. Ifthe
18, 2020 AFFECTING COURT OPERATIONS
ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH
4
the matter will be continued past May 18, 2020 and the Court will send notice of the continued
court date to all parties, Petitions for guardianship and termination of guardianship will still be
heard on Thursdays at 1:30 p.m. at the North County Courthouse.
All appearances in the Civil Division are to be by CourtCall except that pro per litigants may appear in
person if they choose to not use CourtCall.
Court Mediation services in Civil matters will not be available until after May 18, 2020.
Writ/Capacity hearings will continue to be heard as usual,
Ex-parte applications which set forth irreparable harm, immediate danger or statutory grounds for ex-
parte relief pursuant to California Rule of Court, Rule 3.1202(c) will continue to be set for hearing at 4
10 p.m. Monday through Thursday and 1:30 p.m. on Fridays at the North County Courthouse. Applications
i which do not meet these criteria will be denied.
12
13 FAMILY CALENDARS
14 1 Long Cause Hearings:
18, 2020
15 a. All long cause hearings scheduled to have been heard between March 30, 2020 and May
at
16 are vacated and re-set, The cases will be re-noticed to a Tuesday date for after May 18, 2020
17 10:30 a.m. for re-setting.
18 b. Matters newly set for a long cause hearing will be set for a date after May 18, 2020.
19 2. RFO Calendars:
20 a. Matters set for the week of March 30, 2020 remain as set.
the following,
21 b. Matters set for the week of April 6, 2020 through May 18, 2020 remain as set with
22 exceptions:
23 i Each RFO calendar will be capped as follows: Cases will be calendared but for 12 cases
24 only for a morning calendar and 12 cases only for the afternoon calendar for each
25 department (Judge Keithley, Judge McLean).
26 ii, Once the cap is reached, no other cases will be set for that calendar for that week,
27 3. VIP (Day-of-Court Child Custody Mediation): VIP services are suspended until after May 18, 2020.
28
18, 2020 AFFECTING COURT OPERATIONS
ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH
5
1 4. Child Custody Mediation: RFO cases on calendar between March 30, 2020 and May 18, 2020:
a. ‘The judge will refer parties to the clerk’s office to make an appointment for Mediation on or after
May 1, 2020.
b Access to Mediation is limited to phone interviews or as Mediation directs.
¢. Return to court dates for the report from Mediation will be from July 1, 2020 or later.
5. Case Status Conferences will be continued to a date after May 18, 2020.
6. DCSS Calendars are vacated and will not be called between March 24, 2020 and May 18, 2020.
JUVENILE CALENDARS
10 1 Dependency (WI 300) Calendars:
Il a, Calendars: Will be called unless a party receives a notice of being rescheduled.
12 b. Location and Appearance: Butte County Superior Court in Oroville, Courtroom 8.
13 2. Delinquency (WI 602) and Transitional-Aged-Youth (TAY) Calendars:
14 a. Calendars: Will be called unless a party receives a notice of being rescheduled.
15 b. Location and Appearance: Juvenile Courthouse, same location, Oroville.
May 18, 2020.
16 3. Juvenile Traffic: All matters continued to dates after May 18, 2020. No calendars until after
17 4, Adoptions:
18 a. All matters set between March 25, 2020 and May 18, 2020 will be rescheduled unless the
19 Adoption has a compelling need to go forward. Parties should contact the court to confirm the
20 status of their case,
21 No persons other than the prospective adoptive parent or a 12-year-old or older child(ren) may
22 attend.
23
24 COURTHOUSE AND COURTROOM ACCESSS
25 1 ‘Access to the courthouse remains limited consistent with this court’s order of March 18, 2020.
or family ofa
26 2. Discretion remains vested with the Butte County Sheriffto allow members of the public
ten
27 litigant or media as the situation warrants and consistent with capacity, which this court sets as
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ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH 18, 2020 AFFECTING COURT OPERATIONS
6
individuals in one gathering location or courtroom at a time. Litigants, attorneys, investigators, law
enforcement and others with an obligation toward the proceeding have priority in determining capacity.
Butte County Courthouse (Oroville): Effective immediately counsel representing an individual on a
criminal matter may appear pursuant to Penal Code section 977 for an out of custody defendant.
An individual represented by an attorney will not have access to the courthouse absent a compelling reason.
This order is made to ensure social distancing inside the Butte County Superior Court. Individuals who
are unrepresented or representing themselves may have access to the courthouse if they have a case on
alendar that day or to use the clerk’s office.
Clerk’s Counter: Will be open from 10:00 a.m. to 2:00 p.m. at both the Butte County Courthouse in
clerk’s
10 Oroville and the North County Courthouse in Chico, The public or counsel may come in to use the
ll counter.
12 ‘Access to a courtroom: Access is limited to parties or counsel and an advocate and to be no more than
13 ten people in the courtroom, not counting court staff. Those in the courtroom must sit one seat apart.
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ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH 18, 2020 AFFECTING COURT OPERATIONS
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EXHIBIT “B”
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF BUTTE
EMERGENCY ORDER OF THE PRESIDING JUDGE
AFFECTING JURY TRIALS & urtol Ce: 2H
cunty of Butle
1 L.
JUL 10 2020
FINDINGS
D ki ben en jerk
A By. Deputy
PUBLIC HEALTH CRISIS
Herein, this court adopts and incorporates the findings of this court, of the California Judicial
Council, and of the Chief Justice of the California Supreme Court, issued previously in response to the
10 public health crisis emanating from the coronavirus and COVID-19.
Herein, this court takes judicial notice of the website of the Office of the Governor of the State
i
of California, and all declarations issued therefrom in response to the public health crisis emanating from
12
the coronavirus and COVID-19.
13 Herein, this court takes judicial notice of the websites for the Center for Disease Control and
14 Prevention (CDC), the California Department of Public Health, and the Butte County Department of
15 Public Health wherein those departments address the public health crisis emanating from the coronavirus
and COVID-19,
16
Herein, this court takes judicial notice of the website Covidactnow.org, as the state of California
17
derives information from Covidactnow.org.
18 Based thereon this court does find that the public health crisis emanating from the coronavirus
19 and COVID-19 remains a persistent threat that warrants ongoing mitigation measures by this court to
20 protect the public, litigants, attorneys, staff, court users, and justice partners, and that this public health
crisis presents a real danger to those same individuals if mitigation measures are not put into place by
21
this court and maintained throughout the crisis.
22
This court further finds that the unique process of selecting and convening a jury from hundreds
23 of people in the community presents risks not equal to services or venues addressed directly in categories
24 listed in the reopening plan for the State of California. While an essential governmental function, the
risk to court users including prospective jurors is elevated by the number of people in one space, the
25
length of time they are together, the amount of conversation that must be had, and the limitations of the
26
facility for social distancing.
27 With these unique features affecting the gathering of prospective jurors, this court finds that
28 mitigation measures affecting jury trials are necessary, and further finds that the mitigation measures
JUDGE AFFECTING COURT OPERATIONS: JURY TRIALS AND
ORDER OF THE PRESIDING
MITIGATION MEASURES
ordered herein necessarily must restrict and reduce the number of. jury trials that can be held during the
state of emergency in light of the requirement for social distancing.
In response to this public health crisis, this court has been consulting with justice partners,
including the District Attorney of Butte County, the Sheriff of Butte County, and the Director of the
and jury
Butte County Public Defender consortium, on intended mitigation measures, court operations
to determine
trials. This court consulted also with a representative of Butte County Administration,
appropriate mitigation measures affecting jury selection and jury trials.
June 30,
This court finds from the data sources referenced herein that from June 23, 2020 to
And, from July 1,
2020, case numbers for positive COVID-19 tests have averaged of 9.14 per day.
17 per day. This court
2020 to July 8, 2020, case numbers for positive COVID-19 tests have averaged
that as of July
finds Butte County has not had a stable infection rate since early May and further finds
infection rate and
10 6, 2020 Butte County’s infection rate in Butte County is 1.28, indicating an unstable
average number of
i caution is warranted. (Covidactnow.org) The Court will continue to monitor
infections per day.
12
over 1,09 is considered
This court finds from the data sources reviewed that an infection rate
13 d risk in the community.
high risk, and that an increase in hospitalization rates represents an increase
14 a marker of increased risk. This
This court finds that the percentage of infection from testing is also
ns increases steadily over a
15 court finds that a community is considered at risk if the number of infectio
of time. From the data sources
16 14 day period, especially if deaths have resulted during that same period
dangerous metrics.
referenced herein, this court finds that Butte County meets those
17
18 B.
19 COURT OPERATIONS
20 y information provided
In response to this public health crisis, this court has reviewed routinel
ia Department of Public
21 on the websi ites for Butte County Department of Public Health, the Californ
g, and the Center for Disease
22 Health, the Office of California Governor Newsom, Covidactnow.or
past, present and future risk of infection
Control and finds therefrom that all sources inform the court on
23
considered.
and the sources are interrelated and all sources have been equally
24 restricted calendars and
This court finds the orders of this court previously provided for
25 and services over several weeks period
restricted access, and have incorporated reintrodi juction of access
calendars and access as part of a plan
26 of time starting June 12, 2020. This court graduated the increase in
while maintaining public health and
27 to return the court to operations that meet the needs of court users
in-custody defendant time-not-waived
safety. On June 12, 2020, this court ordered the return to criminal
28
jury trials to begin on July 13, 2020.
TIONS: JURY TRIALS AND
ORDER OF THE PRESIDING JUDGE AFFECTING COURT OPERA
MITIGATION MEASURES
This court prepared for this limited return to jury trials by ordering that summons issue for July
13, 2020 and for each Monday thereafter so that each Monday is available for an in-custody time-not-
waived jury trial, Also in preparation for return to jury trials, and as a mitigation measure, this court
directed the time for which prospective jurors are summonsed to be at intervals and in smafler groups.
This coutt directed courtrooms be measured so that summonsed prospective jurors would maintain six
feet of distance. while seated inside the courthouse and courtroom.
This court finds that on June 18, 2020, California Governor Newsom mandated compliance with
in
guidance from the California Department of Public Health wherein face coverings must be worn
public settings. This court finds no exception was listed therein for courtrooms or jury selection or jury
trials. This court issued an order implementing the Governor’s order.
As an ongoing mitigation measure, this court reviews routinely information provided on the
Public Health, the
10 websites for Butte County Department of Public Health, the California Department of
Newsom, Covidactnow.org, and the Center for Disease Control to
Ml Office of California Governor
of infection in the
determine whether access to the courthouse remains safe in light of the present rate
12
county.
13 California
This court finds from the data sources referenced herein, that the Governor of
service provides
14 recommends return to services of any kind to be done in stages in light of the risk the
Governor of California
15 and in light of the infection rate at the time. This court further finds that the
scope of reopening
16 mandates in the State’s Resilience Roadmap to “monitor critical indicators and alter
if necessary to protect public health and safety.”
17
must
Based thereon, this court finds that the jury trial protocol for the Butte Superior Court
18 that, in order to protect
include mitigation measures and the plan must be subject to an objective indicator
are held while balancing the
19 public health and safety, alters the scope of whether and when jury trials
trial.
20 Constitutional right of the prosecution and the defense to proceed timely to
21
Cc
22 TRIALS
IMPACT OF PUBLIC HEALTH CRISIS IN BUTTE COUNTY ON JURY
23
abated. Not in Butte
24 This court finds that as of the date of this order, the coronavirus has not
as of the date of
25 County, not in the state of California, nor the nation. Specifically within Butte County,
y of infection rates. This
26 this order, Butte County is in the fifth week of a persistent upward trajector
COVD-19. There have been
court finds that Butte County currently reports 338 cases positive for
27 last week, hospitalization
exponential increases in the case numbers over the last three weeks. In the
28
numbers have doubled and reported deaths have increased.
TRIALS AND
ORDER OF THE PRESIDING JUDGE AFFECTING COURT OPERATIONS: JURY
MITIGATION MEASURES
This court finds that the state metrics for county compliance to open businesses are guided by
several factors and subject to state and county protocols. State metrics for reopening do not reference
courts or jury trials, where hundreds of people are ordered to come into an enclosed area over a several
hour period of time and be seated next to members of the community with whom they likely have not
had contact, This unique aspect of jury trials requires this court to rely on all data sources referenced
ofa
herein to determine whether an increasing infection rate within the county warrants a continuance
jury trial.
This court finds that the current public health crisis is ongoing with no date certain to decline
nor end, This court further finds the coronavirus is a highly contagious airborne disease rendering severe
those with
health complications including death of which risks are greater for people 65 years or older or
9 as a random cross section of the
health complications. This court finds that juries are summonsed
10 community and those responding to a summons will include people in high risk categories.
of good
i Courts of Appeal have found the presence of an epidemic or pandemic as supportive
Court (2020) 50
cause to extend the time for trial beyond the statutory time. (See Stanley _v. Su perior
12
HINT In re Application
Cal.App.5" 164, COVID-19; People v. Tucker (2011) 196 Cal.App.4th! 313,
13 finds that it the
of Venable (1927) 86 Cal.App. 585, epidemic of infantile paralysis) This court
14 10.603, to ensure the safe
responsibility of the Presiding Judge, under California Rule of Court, Rule
1S operation of court proceedings.
D
16
ORDER OF THE COURT
17
in-custody time-not-
For the reasons stated herein, Attachment A is ordered to apply to criminal
18 ed herein indicate high risk
waived jury trials. As stated in the attachment, if the data sources referenc
19 the state of California, the
for the rate of infection, or if Butte County is placed on the monitoring list for
available jury
20 Presiding Judge intends thereafter to find good cause to continue jury trials set for the next
court users, and justice
21 trial date in order to better protect the public, jurors, litigants, attorneys, staff,
partners from the risk of infection.
22
23 SO ORDERED.
24
Date: F110 Loo Crore. Kelley
25 Hon. Clare Keithley
Presiding Judge
26
27
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RESIDING JUDGE AFFECTING COURT OPERATIONS: JURY TRIALS AND
ORDER OF TE
MITIGATION MEASURES
ATTACHMENT
A
1 Criminal In-Custody Time-Not-Waived Jury Trials
a. When Trials Will Go Forward
Jury selection for jury trials will go forward if on the Trial Assignment Calendar the Friday
the
before the date for trial, the Presiding Judge determines from the following data sources that
risk of oronavirus spread is low or medium for Butte County:
i Covidactnow.org solid line indicator!
ii. CalCat NowCast most recent report
iii. Butte County Public Health reports a 7-day decrease or flat rate of infection
iv. Butte County is not on the state of California Covid19.ca.gov Monitoring List
b. When Trials Will Not Go Forward
10
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ROBERT H. ZIMMERMAN, Bar No. 84345 F Superior Court of California F SCHUERING ZIMMERMAN & DOYLE, LLP County of Butte 400 University Avenue | | Sacramento, California (916) 567-0400 95825-6502 10/9/2020 L FAX: 568-0400 e it » Gler D By Deputy Attorneys for ENLOE MEDICAL CENTER fectronicaly FILED SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE | 10 PATSY NEWTON, individually; HAROLD NO. 20CV01091 NEWTON, individually; SUZANNE 11 BOLDEN, individually, ASSIGNED TO THE HONORABLE JUDGE TAMARA L. MOSBARGER FOR 12 Plaintiffs, ALL PURPOSES 13 vs. DECLARATION OF RICHARD J. HOGAN IN SUPPORT OF DEFENDANT 14 ENLOE MEDICAL CENTER; and DOES 1 - ENLOE MEDICAL CENTER’S MOTION 50, et al., TO CONTINUE TRIAL 15 Defendants. Date: November 4, 2020 16 Time: 9:00 a.m. Dept.: 1 17 Trial: December 14, 2020 18 I, RICHARD J. HOGAN, declare: 19 1 Iam an attorney at law licensed to practice in the State of California. 1am record 20 an employee of the law firm of Schuring Zimmerman & Doyle, LLP, attorneys of 21 for defendant Enloe Medical Center ("Defendant"). 22 2 This case arises from the provision of medical care provided by Defendant 23 to plaintiff PATSY NEWTON (“Plaintiff”). On May 29, 2020, Plaintiffs filed a complaint 24 alleging four causes of action, including: (1) Elder Abuse; (2) Negligent Infliction of Rights. 25 Emotional Distress; (3) Loss of Consortium; and (4) Violation of Patients' Bill of 26 3. Since March 4, 2020, the State of California has been inastate of emergency the Presiding 27 as a result of the threat of COVID-19. A true and correct copy of the Order of 28 MI 01291070.WPD 1 DECLARATION OF RICHARD J. HOGAN IN SUPPORT OF DEFEND ANT ENLOE MEDICAL CENTER'S MOTION TO CONTINUE TRIAL Judge Amending Order of March 18, 2020 Affecting Court Operations is attached as Exhibit A 4 On July 10, 2020, the Superior Court of the State of California, County of Butte, issued an Emergency Order of the Presiding Judge Affecting all Jury Trials. A true and correct copy of the order is attached as Exhibit B. 5. On July 14, 2020, plaintiff filed a Motion for Trial Preference with a of declaration from Sean Laird, attorney at law, claiming plaintiff suffered from a myriad of health issues which justified preference. A true and correct copy of the declaration Sean Laird is attached as Exhibit C. 10 6. On August 12, 2020, the Court granted Plaintiff's Motion for Trial Preference, that 11 because the Declaration of Sean Laird established that "[Ms. Newton's] health is such a jury 12 a preference is necessary to prevent prejudicing her interest in the litigation." Thus, correct 13 trial date was to be set no later than 120 days after August 12, 2020. A true and Exhibit 14 copy of the Minute Order granting the Motion for Trial Preference is attached as 15 D. 7 On September 2, 2020, the parties appeared for a case management 16 nt 17 conference. The Court set a jury trial date for December 14, 2020. Counsel for defenda nt's 18 objected to that date, based on a scheduling conflict. The Court noted defenda in 19 objection. The Court apprised the parties of the extreme logistical difficulties involved criminal 20 the accommodation of jury trials, given the pandemic, and the lengthy backlog of trial, 21 jury trials. The Court also noted that it may be unwise for Plaintiff to attend a jury 22 given her failing health and the global pandemic. 23 8 On September 16, 2020, the deposi tion of Plaintiff was completed. Plaintiff's copy 24 testimony established that her health is not currently a concer. A true and correct 25 of excerpts from Plaintiff's deposition testimony is attached as Exhibit E. 26 Ml 27 Ml 28 Ml 01291070.WPD 2 DECLARATION OF RICHARD J. HOGAN IN SUPPORT OF DEFENDANT ENLOE MEDICAL CENTER'S MOTION TO CONTINUE TRIAL I declare under penalty of perjury under the laws of California t e foregoing is true and correct and that this declaration was executed on this day of October, 2020 at Sacramento, California. ar INO. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01291070.WPD. 3 DECLARATION OF RICHARD J. HOGAN IN SUPPORT OF DEFENDANT ENLOE MEDICAL CENTER'S MOTION TO CONTINUE TRIAL EXHIBIT “A” IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF BUTTE ORDER OF THE PRESIDING JUDG: F Superior Gourt of Califproia AMENDING ORDER OF ARCH 18, 2020 | County of Butta| i MAR 2 7 2020 L AFFECTING COURT OPERATIONS “ite mk =D D «i barly Fle By Deputy This Court HEREBY FINDS AND ORDERS AS FOLLOWS: result of the threat of 1 Since March 4, 2020, the State of California has been ina State of Emergency as a COVID-19. Californians to shelter in place On March 19, 2020, the Governor of California issued an order directing all s of the federal critical 10 at their place of residence except as needed to maintain continuity of operation e delivery system is capable of VW infrastructure sectors to protect public health and ensure that the healthcar serving, all and prioritizing those at the highest risk and vulnerability. State courts are included in the 12 13 definition of federal critical infrastructure as defined in the Governor's directive, County Superior Court and thereafter 14 On March 18, 2020, this court ordered reduced access to the Butte of time no calendars would be called 15 amended that order on March 23, 2020, that for that week’s period been 16 and public access would be limited. Essential functions of the Butte County Superior Court have defendant’s constitutional rights and to 17 limited to those proceedings that are required to comply with a nt action would affect an individual’s health, 18 address jail populations, or to proceedin: gs where governme 19 property, liberty or children. emergency orders from the Chief 20 On March 20, 2020 and March 23, 2020, this court sought and received Justice of the California Suprer ne Court for relief consistent with California Government Code section 21 Superior Court, Those orders remain. 22 68115, posting those orders on the website of the Butte County and local level. 23 Declarations of emergency have been declared on a national, state County who have 24 Butte County Departmen’ t of Public Health has confirmed five individuals in Butte community contacts of those individu: als 25 contracted COVID-19 with little to no public information as to the 26 and that other tests for COVID-19 remain pending, 27 28 OF MARCH 18, 2020 AFFECTING COURT OPERATIONS, ORDER OF THE PRESIDING JUDGE AMENDING ORDER 1 Protection of public health and safety in connection with the COVID-19 threat has resulted or is expected to result in significant interference with Superior Court services and proceedings. Essential functions of the Butte County Superior Court have been limited. Although the Federal Constitution generally precludes closure of substantive courtroom proceedings in criminal cases and California’s Code of Civil Procedure section 124 generally precludes closure of substantive civil proceedings, the current COVID-19 crisis resulting in declarations of emergency on a national, state, and local level, and the directives to shelter in place and restrict gatherings to ten people with distance of six feet apart, clearly demonstrates an overriding interest supporting restricting courthouse entry and permitting access to only those persons who are required to appear in person in any Butte County 10 Superior Court courthouse, and further compels the court to require and allow appearance by remote means il such as phone or video, and require and allow counsel to make special appearances for other attorneys. permit 12 Public health and safety would be prejudiced absent such restriction, which is narrowly tailored to 13 only those required to enter the courthouse and there is no less restrictive means of achieving this overriding, 14 interest, (NBC Subsidiary (KNBC-TCV), Inc. v. Superior Court (1999) 20 Cal.4" 1178, 1181-1182.) And 10.603, 15 in furtherance of the authority of the Presiding Judge pursuant to California Rule of Court, Rule of 16 the responsibility of the Presiding Judge to issue such orders as warranted for the efficient management 7 the court. it 18 For the reasons stated herein and for the reasons articulated in the prior findings and orders of this court, to the 19 is now ordered that the Butte County Superior Court will continue to limit and restrict access remain. 20 courthouses and limit proceedings as stated in Attachment A. Any prior orders not in conflict herein 21 22 THE ORDER IS EFFECTIVE IMMEDIATELY. 23 24 pat: 212 eoto Chore Ke tle Hon, Clare Keithley, Presiding Jud 25 26 27 28 18, 2020 AFFECTING COURT OPERATIONS ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH 2 ATTACHMENT A CRIMINAL CALENDARS 1 Out of Custody: The majority of these cases will not be called by the court and will be continued by the court to dates past May 18, 2020. The court will re-notice and the new date will be available on the court’s website. In Custody: The court will call a calendar for defendants who are in-custody on the date of the calendar. The defendants will appear by video from the jail as one Felony / Misdemeanor Calendar on Wednesday and Thursday each week, Custodial status will be addressed, appear on 10 a. ‘A Public Defender and District Attorney will be present in the courtroom to specially W all in-custody defendants. . 12 b. Private Attorneys and Public Defenders may attend at the jail or in the courtroom jail. 13 c. Anyone appearing at the jail must follow the Sheriff's protocol for entry into the y and Thursday: 14 3. One Calendar for Felony and Misdemeanor Attorney Appearances Wednesda a guilty plea on a 15 a. This calendar will allow attorneys to appear on behalf of their client to enter 16 misdemeanor. y cases without 7 b. This calendar will preside over evidentiary hearings in the afternoon for in-custod 18 atime waiver. court that day. 19 c. Pro per appearances will only be allowed for a case that is calendared by the 20 4. Preliminary Hearings: be heard at 1:30 p.m. 21 a. Preliminary Hearings without a time waiver confirmed for hearing will 22 Wednesday and Thursday, or Friday at either 8:30 a.m, or 1;30 p.m. forward to an 23 b. In-custody cases without a time waiver are the only Preliminary Hearings going 24 evidentiary hearing between March 30, 2020 and June 1, 2020. Community Supervision) calendar remains on Fridays at 10:30 a.m. 25 Parole/PRCS (Post-Release 26 Defendants will appear by video from the jail. March 30, 2020 and May 18, 27 BTA Calendars (Out-of-custody Friday morning arraign ments) between 28 2020 are being continued by the court to a Friday after May 18, 2020. 18, 2020 AFFECTING COURT OPERATIONS ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH 3 7. Traffic: These case will continue to be called at the North County Courthouse (NCCH) starting the week of March 30, 2020 with a limit to 15 cases at 8:30 a.m. Mandatory appearances have been rescheduled for cases on calendar between March 23, 2020 and May 18, 2020. Any “extension fee” for non-mandatory appearances pursuant to Penal Code section 1205(e) will be waived through May 18, 2020. ‘Traffic Trials between March 23, 2020 and May 18, 2020 are vacated and reset. Trials will be set for dates after May 18, 2020. 10 IVIL CALENDARS i 1 The majority of these case types are being continued by the court to dates past May 18, 2020: 12 a. Civil Jury Trials 13 b Civil Court Trials 14 ©. Trial Readiness Conferences 15 d. Mandatory Settlement Conferences 16 Pre-Trial Discovery Conferences 17 Law and Motion Calendars 18 Case Management Calendars 19 ‘Small Claims 20 i Unlawful Detainers 2i J Civil Harassments The majority of cases will be continued by the court to dates past May 18, 2020 with the 22 2. Probate: 23 exception of: a. LPS calendars will be heard as scheduled on Tuesdays at 10 a.m. Counsel may appear by 24 25 CourtCall or appear in court. Clients may appear telephonically or the attorneys may appear on 26 their behalf. 27 Guardianship of Minors: Annual reviews will be conducted ex-parte and continued for one year guardianship is contested 28 if the guardianship continues to be in the best interest of the minor. Ifthe 18, 2020 AFFECTING COURT OPERATIONS ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH 4 the matter will be continued past May 18, 2020 and the Court will send notice of the continued court date to all parties, Petitions for guardianship and termination of guardianship will still be heard on Thursdays at 1:30 p.m. at the North County Courthouse. All appearances in the Civil Division are to be by CourtCall except that pro per litigants may appear in person if they choose to not use CourtCall. Court Mediation services in Civil matters will not be available until after May 18, 2020. Writ/Capacity hearings will continue to be heard as usual, Ex-parte applications which set forth irreparable harm, immediate danger or statutory grounds for ex- parte relief pursuant to California Rule of Court, Rule 3.1202(c) will continue to be set for hearing at 4 10 p.m. Monday through Thursday and 1:30 p.m. on Fridays at the North County Courthouse. Applications i which do not meet these criteria will be denied. 12 13 FAMILY CALENDARS 14 1 Long Cause Hearings: 18, 2020 15 a. All long cause hearings scheduled to have been heard between March 30, 2020 and May at 16 are vacated and re-set, The cases will be re-noticed to a Tuesday date for after May 18, 2020 17 10:30 a.m. for re-setting. 18 b. Matters newly set for a long cause hearing will be set for a date after May 18, 2020. 19 2. RFO Calendars: 20 a. Matters set for the week of March 30, 2020 remain as set. the following, 21 b. Matters set for the week of April 6, 2020 through May 18, 2020 remain as set with 22 exceptions: 23 i Each RFO calendar will be capped as follows: Cases will be calendared but for 12 cases 24 only for a morning calendar and 12 cases only for the afternoon calendar for each 25 department (Judge Keithley, Judge McLean). 26 ii, Once the cap is reached, no other cases will be set for that calendar for that week, 27 3. VIP (Day-of-Court Child Custody Mediation): VIP services are suspended until after May 18, 2020. 28 18, 2020 AFFECTING COURT OPERATIONS ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH 5 1 4. Child Custody Mediation: RFO cases on calendar between March 30, 2020 and May 18, 2020: a. ‘The judge will refer parties to the clerk’s office to make an appointment for Mediation on or after May 1, 2020. b Access to Mediation is limited to phone interviews or as Mediation directs. ¢. Return to court dates for the report from Mediation will be from July 1, 2020 or later. 5. Case Status Conferences will be continued to a date after May 18, 2020. 6. DCSS Calendars are vacated and will not be called between March 24, 2020 and May 18, 2020. JUVENILE CALENDARS 10 1 Dependency (WI 300) Calendars: Il a, Calendars: Will be called unless a party receives a notice of being rescheduled. 12 b. Location and Appearance: Butte County Superior Court in Oroville, Courtroom 8. 13 2. Delinquency (WI 602) and Transitional-Aged-Youth (TAY) Calendars: 14 a. Calendars: Will be called unless a party receives a notice of being rescheduled. 15 b. Location and Appearance: Juvenile Courthouse, same location, Oroville. May 18, 2020. 16 3. Juvenile Traffic: All matters continued to dates after May 18, 2020. No calendars until after 17 4, Adoptions: 18 a. All matters set between March 25, 2020 and May 18, 2020 will be rescheduled unless the 19 Adoption has a compelling need to go forward. Parties should contact the court to confirm the 20 status of their case, 21 No persons other than the prospective adoptive parent or a 12-year-old or older child(ren) may 22 attend. 23 24 COURTHOUSE AND COURTROOM ACCESSS 25 1 ‘Access to the courthouse remains limited consistent with this court’s order of March 18, 2020. or family ofa 26 2. Discretion remains vested with the Butte County Sheriffto allow members of the public ten 27 litigant or media as the situation warrants and consistent with capacity, which this court sets as 28 ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH 18, 2020 AFFECTING COURT OPERATIONS 6 individuals in one gathering location or courtroom at a time. Litigants, attorneys, investigators, law enforcement and others with an obligation toward the proceeding have priority in determining capacity. Butte County Courthouse (Oroville): Effective immediately counsel representing an individual on a criminal matter may appear pursuant to Penal Code section 977 for an out of custody defendant. An individual represented by an attorney will not have access to the courthouse absent a compelling reason. This order is made to ensure social distancing inside the Butte County Superior Court. Individuals who are unrepresented or representing themselves may have access to the courthouse if they have a case on alendar that day or to use the clerk’s office. Clerk’s Counter: Will be open from 10:00 a.m. to 2:00 p.m. at both the Butte County Courthouse in clerk’s 10 Oroville and the North County Courthouse in Chico, The public or counsel may come in to use the ll counter. 12 ‘Access to a courtroom: Access is limited to parties or counsel and an advocate and to be no more than 13 ten people in the courtroom, not counting court staff. Those in the courtroom must sit one seat apart. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER OF THE PRESIDING JUDGE AMENDING ORDER OF MARCH 18, 2020 AFFECTING COURT OPERATIONS 7 EXHIBIT “B” IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF BUTTE EMERGENCY ORDER OF THE PRESIDING JUDGE AFFECTING JURY TRIALS & urtol Ce: 2H cunty of Butle 1 L. JUL 10 2020 FINDINGS D ki ben en jerk A By. Deputy PUBLIC HEALTH CRISIS Herein, this court adopts and incorporates the findings of this court, of the California Judicial Council, and of the Chief Justice of the California Supreme Court, issued previously in response to the 10 public health crisis emanating from the coronavirus and COVID-19. Herein, this court takes judicial notice of the website of the Office of the Governor of the State i of California, and all declarations issued therefrom in response to the public health crisis emanating from 12 the coronavirus and COVID-19. 13 Herein, this court takes judicial notice of the websites for the Center for Disease Control and 14 Prevention (CDC), the California Department of Public Health, and the Butte County Department of 15 Public Health wherein those departments address the public health crisis emanating from the coronavirus and COVID-19, 16 Herein, this court takes judicial notice of the website Covidactnow.org, as the state of California 17 derives information from Covidactnow.org. 18 Based thereon this court does find that the public health crisis emanating from the coronavirus 19 and COVID-19 remains a persistent threat that warrants ongoing mitigation measures by this court to 20 protect the public, litigants, attorneys, staff, court users, and justice partners, and that this public health crisis presents a real danger to those same individuals if mitigation measures are not put into place by 21 this court and maintained throughout the crisis. 22 This court further finds that the unique process of selecting and convening a jury from hundreds 23 of people in the community presents risks not equal to services or venues addressed directly in categories 24 listed in the reopening plan for the State of California. While an essential governmental function, the risk to court users including prospective jurors is elevated by the number of people in one space, the 25 length of time they are together, the amount of conversation that must be had, and the limitations of the 26 facility for social distancing. 27 With these unique features affecting the gathering of prospective jurors, this court finds that 28 mitigation measures affecting jury trials are necessary, and further finds that the mitigation measures JUDGE AFFECTING COURT OPERATIONS: JURY TRIALS AND ORDER OF THE PRESIDING MITIGATION MEASURES ordered herein necessarily must restrict and reduce the number of. jury trials that can be held during the state of emergency in light of the requirement for social distancing. In response to this public health crisis, this court has been consulting with justice partners, including the District Attorney of Butte County, the Sheriff of Butte County, and the Director of the and jury Butte County Public Defender consortium, on intended mitigation measures, court operations to determine trials. This court consulted also with a representative of Butte County Administration, appropriate mitigation measures affecting jury selection and jury trials. June 30, This court finds from the data sources referenced herein that from June 23, 2020 to And, from July 1, 2020, case numbers for positive COVID-19 tests have averaged of 9.14 per day. 17 per day. This court 2020 to July 8, 2020, case numbers for positive COVID-19 tests have averaged that as of July finds Butte County has not had a stable infection rate since early May and further finds infection rate and 10 6, 2020 Butte County’s infection rate in Butte County is 1.28, indicating an unstable average number of i caution is warranted. (Covidactnow.org) The Court will continue to monitor infections per day. 12 over 1,09 is considered This court finds from the data sources reviewed that an infection rate 13 d risk in the community. high risk, and that an increase in hospitalization rates represents an increase 14 a marker of increased risk. This This court finds that the percentage of infection from testing is also ns increases steadily over a 15 court finds that a community is considered at risk if the number of infectio of time. From the data sources 16 14 day period, especially if deaths have resulted during that same period dangerous metrics. referenced herein, this court finds that Butte County meets those 17 18 B. 19 COURT OPERATIONS 20 y information provided In response to this public health crisis, this court has reviewed routinel ia Department of Public 21 on the websi ites for Butte County Department of Public Health, the Californ g, and the Center for Disease 22 Health, the Office of California Governor Newsom, Covidactnow.or past, present and future risk of infection Control and finds therefrom that all sources inform the court on 23 considered. and the sources are interrelated and all sources have been equally 24 restricted calendars and This court finds the orders of this court previously provided for 25 and services over several weeks period restricted access, and have incorporated reintrodi juction of access calendars and access as part of a plan 26 of time starting June 12, 2020. This court graduated the increase in while maintaining public health and 27 to return the court to operations that meet the needs of court users in-custody defendant time-not-waived safety. On June 12, 2020, this court ordered the return to criminal 28 jury trials to begin on July 13, 2020. TIONS: JURY TRIALS AND ORDER OF THE PRESIDING JUDGE AFFECTING COURT OPERA MITIGATION MEASURES This court prepared for this limited return to jury trials by ordering that summons issue for July 13, 2020 and for each Monday thereafter so that each Monday is available for an in-custody time-not- waived jury trial, Also in preparation for return to jury trials, and as a mitigation measure, this court directed the time for which prospective jurors are summonsed to be at intervals and in smafler groups. This coutt directed courtrooms be measured so that summonsed prospective jurors would maintain six feet of distance. while seated inside the courthouse and courtroom. This court finds that on June 18, 2020, California Governor Newsom mandated compliance with in guidance from the California Department of Public Health wherein face coverings must be worn public settings. This court finds no exception was listed therein for courtrooms or jury selection or jury trials. This court issued an order implementing the Governor’s order. As an ongoing mitigation measure, this court reviews routinely information provided on the Public Health, the 10 websites for Butte County Department of Public Health, the California Department of Newsom, Covidactnow.org, and the Center for Disease Control to Ml Office of California Governor of infection in the determine whether access to the courthouse remains safe in light of the present rate 12 county. 13 California This court finds from the data sources referenced herein, that the Governor of service provides 14 recommends return to services of any kind to be done in stages in light of the risk the Governor of California 15 and in light of the infection rate at the time. This court further finds that the scope of reopening 16 mandates in the State’s Resilience Roadmap to “monitor critical indicators and alter if necessary to protect public health and safety.” 17 must Based thereon, this court finds that the jury trial protocol for the Butte Superior Court 18 that, in order to protect include mitigation measures and the plan must be subject to an objective indicator are held while balancing the 19 public health and safety, alters the scope of whether and when jury trials trial. 20 Constitutional right of the prosecution and the defense to proceed timely to 21 Cc 22 TRIALS IMPACT OF PUBLIC HEALTH CRISIS IN BUTTE COUNTY ON JURY 23 abated. Not in Butte 24 This court finds that as of the date of this order, the coronavirus has not as of the date of 25 County, not in the state of California, nor the nation. Specifically within Butte County, y of infection rates. This 26 this order, Butte County is in the fifth week of a persistent upward trajector COVD-19. There have been court finds that Butte County currently reports 338 cases positive for 27 last week, hospitalization exponential increases in the case numbers over the last three weeks. In the 28 numbers have doubled and reported deaths have increased. TRIALS AND ORDER OF THE PRESIDING JUDGE AFFECTING COURT OPERATIONS: JURY MITIGATION MEASURES This court finds that the state metrics for county compliance to open businesses are guided by several factors and subject to state and county protocols. State metrics for reopening do not reference courts or jury trials, where hundreds of people are ordered to come into an enclosed area over a several hour period of time and be seated next to members of the community with whom they likely have not had contact, This unique aspect of jury trials requires this court to rely on all data sources referenced ofa herein to determine whether an increasing infection rate within the county warrants a continuance jury trial. This court finds that the current public health crisis is ongoing with no date certain to decline nor end, This court further finds the coronavirus is a highly contagious airborne disease rendering severe those with health complications including death of which risks are greater for people 65 years or older or 9 as a random cross section of the health complications. This court finds that juries are summonsed 10 community and those responding to a summons will include people in high risk categories. of good i Courts of Appeal have found the presence of an epidemic or pandemic as supportive Court (2020) 50 cause to extend the time for trial beyond the statutory time. (See Stanley _v. Su perior 12 HINT In re Application Cal.App.5" 164, COVID-19; People v. Tucker (2011) 196 Cal.App.4th! 313, 13 finds that it the of Venable (1927) 86 Cal.App. 585, epidemic of infantile paralysis) This court 14 10.603, to ensure the safe responsibility of the Presiding Judge, under California Rule of Court, Rule 1S operation of court proceedings. D 16 ORDER OF THE COURT 17 in-custody time-not- For the reasons stated herein, Attachment A is ordered to apply to criminal 18 ed herein indicate high risk waived jury trials. As stated in the attachment, if the data sources referenc 19 the state of California, the for the rate of infection, or if Butte County is placed on the monitoring list for available jury 20 Presiding Judge intends thereafter to find good cause to continue jury trials set for the next court users, and justice 21 trial date in order to better protect the public, jurors, litigants, attorneys, staff, partners from the risk of infection. 22 23 SO ORDERED. 24 Date: F110 Loo Crore. Kelley 25 Hon. Clare Keithley Presiding Judge 26 27 28 RESIDING JUDGE AFFECTING COURT OPERATIONS: JURY TRIALS AND ORDER OF TE MITIGATION MEASURES ATTACHMENT A 1 Criminal In-Custody Time-Not-Waived Jury Trials a. When Trials Will Go Forward Jury selection for jury trials will go forward if on the Trial Assignment Calendar the Friday the before the date for trial, the Presiding Judge determines from the following data sources that risk of oronavirus spread is low or medium for Butte County: i Covidactnow.org solid line indicator! ii. CalCat NowCast most recent report iii. Butte County Public Health reports a 7-day decrease or flat rate of infection iv. Butte County is not on the state of California Covid19.ca.gov Monitoring List b. When Trials Will Not Go Forward 10