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Pa. Supreme Court echoes local order limiting access

A deputy from the Butler County Sheriff's Department checks the temperature of individuals before they are allowed to enter the county courthouse Thursday. New restrictions have been imposed after county officials followed by the state Supreme Court declared a judicial emergency Wednesday.

Facing the coronavirus, the wheels of justice are coming to a near stop.

The Pennsylvania Supreme Court declared a judicial emergency across all state judicial districts, ramping up a previous order giving president judges emergency powers to respond to COVID-19. As of Thursday, there are 207,855 confirmed cases and 8,648 deaths globally, according to the World Health Organization. There have been no confirmed cases of the coronavirus in Butler County as of press time.

The order closes courts across the state to the general public through April 14, echoing Wednesday morning's decision by Judge William Shaffer, acting administrative judge in the Butler County Court of Common Pleas, to restrict access to the courthouse, county government center and courtrooms to only those who have direct business there.

By Wednesday evening, the state Supreme Court instructed president judges to “adopt procedures in implementing this Order that restrict potential COVID-19 exposure.”

Given the nature of office work, most departments in the government building stand in violation of the Centers for Disease Control and Prevention recommendation to limit congregations of people to below 10 in enclosed spaces.

In the order, the state Supreme Court noted the “nature of court proceedings” being what they are, can lead to people possibly carrying the virus — with or without symptoms — to spread it to one another. The concern led to the closure of courts on both the common pleas and district level to the public for non-essential services.

The state Supreme Court order also takes into consideration people who have either lost their jobs or are suspended from work during the virus. The court directs authorities to not issue at any level an eviction, ejectment or displacement order from a residence based upon the failure to make rent, or other similar payments. Execution of eviction is stayed until April 3.

The district level, known as Magisterial District Courts, holds preliminary hearings for criminal cases along with less serious violations like traffic violations. The state Supreme Court order targets all “non-essential functions” to be closed until April 3.

On the district level, essential functions are defined:

Preliminary arraignments where bail is set for cases

Criminal case filings

Preliminary hearings for jailed people only

Search warrants

Emergency protection from abuse orders.

The court allows video chats to be used in these hearings instead of in-person meetings. Those scheduled for a preliminary hearing who aren't in jail will have their cases rescheduled.

Lawyers will have a chance to privately speak with their jailed client in the district court through a private phone line, according to Shaffer. Signs will be going up outlining the difference between essential and non-essential business.

Additionally, payments to the district level will not be accepted in person. They must be done by mail or online. If a payment is missed, the district court is instructed to hold a hearing on the matter after April 3. Missed payments should not lead to the issuance of an arrest warrant.

For the Common Pleas level, essential functions include:

Emergency bail review and habeas corpus hearings

Gagnon I hearings

Bench warrant hearings

Juvenile delinquency detention

Juvenile emergency shelter and detention hearings

Temporary PFA hearings

Emergency petitions for child custody

Emergency petitions for guardianship

Civil mental health reviews

Emergency equity civil matters

And any other function deemed by a president judge to be essential that is consistent with constitutional limitations.

Upcoming jury and non-jury trials are suspended — a precaution Butler County's court administration took earlier this week when it canceled all jury selections. Jurors will not be instructed to report for jury duty before April 3.

Additionally, all pretrial conferences, status conferences, diversionary programs, and discovery motions are postponed until a future date set by the courts. The state Supreme Court order affords communications technologies to supplement any of these hearings.

Attorneys, litigants, victims, witnesses, those filing papers or making monetary payments and media are among those who will be able to access the government center and courthouse. The government center houses various county government apparatus, including the Common Pleas court, human resources, the commissioners' office and other departments.

The order also says the judgement of president judges shall supersede any requirements of this order.

“It means we can make a determination to mark other things as essential,” Shaffer said. “They're realizing that each of the president judges is in a better position to determine what's an essential function. Because Butler obviously isn't the same as Philadelphia and we're certainly not the same as Potter County.”

Shaffer also announced everyone entering the county government building will be screened by county sheriff's deputies for symptoms of COVID-19. Those without direct business with the courts, as well as anyone who fails a screening, will be denied access to the government center or its facilities.

“We don't want people just walking in unless it's totally necessary,” Shaffer said.

With these measures in place, adult probation is not allowing people on probation in the building, opting for home visits and telecommunication, according to Shaffer. Speciality courts like drug court are also being postponed, even though the specialty court teams made up of judges and probation officers are still meeting to assure each defendant's progress continues.

“The teams will meet but the actual defendants won't be required to come into the courtroom,” Shaffer said. “We still follow each defendant closely. Court proceeding is just to catch up. The probation guys see them on a more frequent basis. They'll report in using their phones. Not being in front of the judge won't slow down their progress in treatment court.”

Even with the reduced traffic, Butler County Sheriff Michael Slupe observed a steady stream of people entering the Government Building Thursday. On at least a few occasions, people had to be herded out of the building. Slupe said that all people entering the complex had complied thus far. But if they didn't, they would be held in contempt of court and brought before a judge.

Sheriff's deputies set up a tent outside the government building where people who want to come in are subjected to a no-contact infrared thermometer. If they have a fever, they're turned away. The deputies wear face masks, gloves and eye protection while they ask basic questions about if a person is experiencing shortness of breath or has a cold.

“The first day went as smooth as we could've expected. Employees were cooperative and understanding during this unprecedented time of our lives,” Slupe said. “Unprecedented times call for unprecedented measures.”

To reduce foot traffic, Slupe moved the license to carry system from his office in the old building to the entrance of the new building.

“I'm so proud of my deputies and the staff who are working on the front line with employees and the public coming into the building. They're doing a great job.”

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