Updated 4th Circuit Court Guidelines Announced

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Published on April 27 2020 10:35 am
Last Updated on April 27 2020 10:35 am
Written by Greg Sapp

New guidelines were announced today by the 4th Judicial Circuit related to court activities in the Circuit.

Out of an abundance of caution and in response to the recent outbreak of COVID-19, the Fourth Judicial Circuit is amending its procedures in an attempt to reduce the possibility of spreading the disease.

The following procedures will be in effect until at least May 15, 2020:

The following cases will be continued to a different date to be determined by the court:

• All Traffic cases, including Driving Under the Influence;

• All Criminal Misdemeanor cases;

• All Ordinance cases;

• All Small Claims cases;

• All Family court cases

• All Child Support cases;

• All Pay or Appears and compliance hearings;

• All Marriages.

• All Evictions will cease until the expiration of this Order.

The following cases will be held as usual:

• All In-Custody cases, including bond settings;

• All Criminal Felony cases with time constraints;

• All Juvenile Detention and Shelter Care hearings;

• All hearings involving Emergency and Plenary Orders of Protection;

• Any other emergency-type hearings at the discretion of the Resident Circuit Judge of each county.

All of the above hearings may be handled using remote video conferencing, if possible, and in compliance with Administrative Order 2020-11 which was entered on April 27, 2020.

All in-custody hearings shall be conducted by remote video conferencing.

The Probation Departments, State’s Attorney offices and Public Defender offices will continue to meet the needs of their clients. In-person contacts will be reduced as determined by the Department Heads and the Resident Circuit Judge of each county in the Fourth Judicial Circuit. The Resident Circuit Judges of each county in the Fourth Circuit are afforded discretion to handle issues not covered by this Order as he or she deems appropriate. The Fourth Circuit will continue to provide a court reporter for any hearings that will occur per this Order.

An Order of the Illinois Supreme Court was entered on March 20, 2020, allowing the Chief Judge of each circuit to continue all trials, including in-custody trials, for the next 60 days and until further order of the Illinois Supreme Court without the continuance being attributable to the State or the Defendant for purposes of Section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5); A subsequent Order of the Illinois Supreme Court was entered on April 3, 2020, allowing the Chief Judge of each circuit to continue all trials, including in-custody trials, until further order of the Illinois Supreme Court.

Therefore: all criminal jury trials in the Fourth Judicial Circuit are continued until June 15, 2020 or until further Order of the Illinois Supreme Court and the Fourth Judicial Circuit without this delay being attributed to the State or the Defendant. Additionally, all civil jury trials currently scheduled in 2020 shall be vacated and are to be re-set to a date after January 1, 2021. The Circuit Clerk will provide notice to all litigants of the dates their cases will be continued to.

No Persons shall be allowed access to the courthouses in the Fourth Judicial Circuit if: a.) You have flu-like symptoms including fever, cough or shortness of breath; b.) Been diagnosed with COVID 19 (or someone close to you has): c.) Been directed to quarantine, isolate or self-monitor at home by any medical provider; d.) Traveled within the last 21 days, to any country designated by the CDC as a highrisk location for COVID-19: or e.) Had close contact with anyone who has traveled to any of these high risk locations.

Entered: April 27, 2020 ___________________________________ Kimberly G. Koester, Chief Judge Fourth Judicial Circuit