COVID-19 – In-person services suspended until June

Posted April 29, 2020 at 2:20 pm

COVID-19

The Kentucky Supreme Court has extended the suspension of in-person court services in the state’s judicial system through at least May 31.

The original deadline for the mandate was May 1.

The extension means that all circuit clerk’s offices, including the Clinton Circuit Clerk’s office, will remain closed to incoming traffic through the new deadline date.

Currently, all offices, via executive order by Emergency Declaration by the County Judge/Executive in Clinton County is already closed to in-person office contact until the order is lifted. The local circuit clerk’s office is located in the upstairs of the courthouse.

The Supreme Court order restricts dockets, jury trials and jury service from taking place in-person at court facilities and requires court proceedings to be conducted remotely.

“Thank you for your efforts to observe strict social distancing,” Chief Justice of Kentucky John D. Minton, Jr. said in an email to justices, judges, circuit court clerks and court personnel.

“The COVID-19 outbreak is by no means over and we must continue to be vigilant, both professionally and personally, so that we, and those we come into contact with, can stay safe and well,” the Chief Justice said.

Clinton Circuit Clerk Jake Staton noted there was little in-person contact in the local courts, only cases that required emergency resolutions and in such situations, all safety measures are in place.

For example, cases involving guardianship or emergency protective orders (EPOs) are conducted, with people involved taken to a jury room in the courthouse and separated, with gloves and other safety procedures being used.

Circuit court proceedings are conducted via technology such as the use of SKYPE or Zoom.

Staton also noted that the grand jurors selected were chosen from among those that know how to use the technology and Zoom was used for the grand jury proceeding. He further stated that only cases that were “running out of time” to be presented were considered in the grand jury’s March session.

Court trials have also been postponed until at least after the May 31 extension expires–unless continued further. Staton noted the only trial that was on the Clinton Circuit Court docket that had been scheduled to begin May 11 had already been continued generally.

The emergency release schedule temporarily expands the current Administrative Release Program (which expedites the pretrial release of low to moderate-risk defendants charged with nonviolent, nonsexual misdemeanors), as follows:

* Defendants who are charged with, or arrested for, failure to appear on,any nonviolent/nonsexual misdemeanor and/or Class D felony (including defendants arrested on an indictment warrant) and have not been assessed as a high risk for new criminal activity shall be released on recognizance.

* Defendants who are charged with any nonviolent/nonsexual Class D felony, are a high risk for failure to appear, or have previously failed to appear on any nonviolent/nonsexual misdemeanor or Class D felony shall be supervised by Pretrial Services.

* Defendants who are served with a warrant for nonpayment of court costs, fees or fines with a warrant for failure to appear on a violation shall be cited and released and a show cause hearing shall be set after May 31, 2020.

* Defendants who are arrested for contempt of court on civil matters (excluding any violation of protective order), nonpayment of child support or nonpayment of restitution shall be released on recognizance and a show cause hearing shall be set after May 31, 2020.

* Defendants not released under this schedule or under the current Administrative Release Program shall be reviewed by a judge within 12 hours of their arrest.

Another important aspect of the circuit office duties is the issuance of driver’s licenses, and Staton said that due to people not being able to renew those licenses in person, some feared they would be driving on a suspended license.

He reiterated, however, that by the governor’s order and an order by state Secretary of Transportation Jim Gray, the period for driver’s license renewals have been extended in Kentucky for a 90 day period, reminding driver’s who have an expiration dates prior to that 90 day period, they do not have to worry about their license being valid.

For more information related to the judicial branches in Clinton County, such as circuit and district courts, and other related matters, contact the Clinton Circuit Clerk’s Office at 387-6424 or Circuit Clerk Jake Staton at 387-8181.