Coronavirus Shuts Down Courts

Coronavirus shuts down Courts across North Carolina. As of now, Superior and District Courts remain open…for now.

*My next blog will explore the new budget and emergency measures implemented for Medicare and Medicaid. More money will be funded to both during this crisis…TBD. How is the Coronavirus impacting health care?

The following emergency directive was initiated, effective TODAY.

On 10 March 2020, Governor Roy Cooper declared a state of emergency in North Carolina in response to the emerging public health threat posed by COVID-19. Since that time, the World Health Organization has designated the COVID-19 outbreak as a global pandemic, and the North Carolina Department of Health and Human Services has urged all North Carolinians to take steps to reduce the spread of infection. Accordingly, I hereby determine and declare under N.C.G.S. § 7A-39(b)(2) that catastrophic conditions resulting from the public health threat posed by COVID-19 exist in all counties of this state. Although the superior courts and district courts remain open, two emergency directives are necessary to reduce the spread of infection.

Emergency Directive 1

I order that all superior court and district court proceedings be scheduled or rescheduled for a date no sooner than 30 days from the issuance of this order, unless: 1. the proceeding will be conducted remotely; 2. the proceeding is necessary to preserve the right to due process of law (e.g., a first appearance or bond hearing, the appointment of counsel for an indigent defendant, a probation hearing, a probable cause hearing, etc.); 3. the proceeding is for the purpose of obtaining emergency relief (e.g., a domestic violence protection order, temporary restraining order, juvenile custody order, judicial consent to juvenile medical treatment order, civil commitment order, etc.); or 4. the senior resident superior court judge, chief business court judge, or chief district court judge determines that the proceeding can be conducted under conditions that protect the health and safety of all participants. This emergency directive does not apply to any proceeding in which a jury has already been empaneled. This emergency directive does not apply to grand juries which have already been empaneled. This emergency directive does not prohibit a judge or other judicial officer from exercising any in chambers or ex parte jurisdiction conferred by law upon that judge or judicial officer, as provided by law. Additionally, I encourage the superior courts and district courts to liberally grant additional accommodations to parties, witnesses, attorneys, and others with business before the courts who are at a high risk of severe illness from COVID-19.

Emergency Directive 2

I further order that the clerks of superior court shall post a notice at the entrance to every court facility in their county directing that any person who has likely been exposed to COVID-19 should not enter the courthouse. A person who has likely been exposed to COVID-19 who has business before the courts shall contact the clerk of superior court’s office by telephone or other remote means, inform court personnel of the nature of his or her business before the court, and receive further instruction. For purposes of this order, a person who has likely been exposed to COVID-19 is defined as any person who: 1. has traveled to China, South Korea, Japan, Italy, or Iran within the previous 14 days; 2. has been directed to quarantine, isolate, or self-monitor; 3. has been diagnosed with COVID-19; or 4. resides with or has been in close contact with any person in the above mentioned categories.

* * * The directives contained in this order will take effect Monday, 16 March 2020.

This order may be extended in whole or in part for additional 30-day periods if necessary.

Issued this the 13th day of March, 2020. Cheri Beasley, Chief Justice Supreme Court of North Carolina

About kemanuel

Medicare and Medicaid Regulatory Compliance Litigator

Posted on March 16, 2020, in Access to Care, Administrative Law Judge, Administrative Remedies, Agency, Federal Law, Knicole Emanuel, Legal Analysis, Medicaid, Medicaid Advocate, Medicaid Appeals, Medicaid Attorney, Medicare and Medicaid Provider Audits, Medicare Attorney, Medicare Budget, Medicare Reimbursement Rates and tagged , , , , , , , , , , , . Bookmark the permalink. 1 Comment.

  1. pkgreenberg@gmail.com

    My husband and I appreciate your vigilance and the information you share.

    I have a concern and have had difficulty reaching anyone. I did leave a message for the Governor. I have left several other messages, but no response as yet and thought you might be able to get through to the right folks. I haven’t heard any info addressing how Hourly CONTRACT workers who work with individuals with developmental disabilities will be compensated due to illness or quarantine. If I understand correctly, the STAFF of the Provider agencies, will be compensated for time lost at work due to illness of the Corona Virus and for caring for sick family members also. I am thankful for the steps taken and will be taken by our Government, but I haven’t seen any provisions made for the many hourly CONTRACT workers who work with individuals with developmental disabilities. How will they put food on the table for their families if they have to be out of work? We have 2 contract workers who provide care for our daughter who is a TBI survivor. I’m worried what will happen to them and their pay check if they are unable to work due to this viral pandemic.

    Have you seen any information regarding the Hourly Contract Workers? I know we are in a crisis and so many will be in need, but don’t won’t this group of folks to “fall between the cracks”.

    Would appreciate any feed back and advocacy you might provide for this very special and dedicated. but already under paid group of workers. Thank you again,

    Pat Greenberg 704-609-1790

    Sent from my iPhone

    >

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