Haggerty Law Office
  • Home
  • Bio
  • Published Works
  • Contact Us
  • Links
  • Articles
  • COVID-19 Updates

Oklahoma High Courts Issue Order Permitting County-by-County Action on COVID-19

11/24/2020

0 Comments

 
On November 23, 2020, the Oklahoma Supreme Court and Oklahoma Court of Criminal Appeals issued their Fourth Emergency Joint Order Regarding the COVID-19 State of Disaster, SCAD-2020-107.  Unlike prior Orders issued by the high courts, this Order seems to be full of suggestions but definitely lacking in the kind of imperative that one would expect in an "Order".

Essentially, the Order allows each county to make its own decisions about COVID-19 precautions (mask requirements, number of persons who may be present, barring people with symptoms or exposure, whether to crowd a courtroom with potential jurors for a jury trial, etc.).  In case you haven't visited Oklahoma's courthouses lately, that's exactly what has been going on since May - each courthouse has its own rules, which sometimes vary within judicial districts, or even from judge to judge in the same building.  As you might expect, that level of inconsistency is maddening to someone who has to visit more than one courthouse for work. This issue is cited by Justices Colbert and Darby in their dissent.  However, that is the world we live in as we head to the closing stages of 2020.

Among the only imperative provisions of the Order is ¶ 13, which bars lawyers and the general public from entering the Oklahoma Judicial Center, where the people who issued this Order have their offices.  Additionally, for some inexplicable (and unexplained) reason judges using state-owned equipment are banned from using Zoom on said equipment for remote hearings, while Microsoft Teams is permitted for everyone, and BlueJeans is permitted with special permission of the Chief Justice, per ¶ 8.

Otherwise, the Order doesn't say much. There are a lot of "shoulds" and "cans" and the like, but not much direction.  Thus, if you are heading to one of Oklahoma's 77 county courthouses, you should check in advance to find out if you can enter and under what circumstances.
0 Comments

COVID-19 Closes Bryan County Courthouse

8/19/2020

0 Comments

 
It's been awhile since we had to do this, but it wouldn't be 2020 if we didn't say at least a couple of times "here we go again."  A positive case in the Bryan County Courthouse staff led Judge Campbell to issue AO-2020-50 late on August 19, closing the courthouse to all but persons involved with criminal cases where the defendant is in jail for Thursday and Friday, August 20 and 21. Any other case will be moved. Specifically, the misdemeanor disposition docket set at 9:00 a.m. is reset for September 1, 2020, at 10:00 a.m. For any other case, you should contact your attorney (if you have one) to find out when your case is being reset. If you don't have one, AND ONLY IF YOU DON'T HAVE ONE, then contact the Court Clerk's office over the next couple of days to see if they have a new court date yet.  SINCE THIS HAPPENED AT THE END OF THE DAY ON AUGUST 19, THEY PROBABLY WON'T HAVE YOUR NEW DATE AT 8:00 A.M. ON AUGUST 20, so use some common sense.  
0 Comments

Courthouse Reopening - Bryan County

5/20/2020

0 Comments

 
We've been a little behind, because as the courthouses begin opening up, it ramps up our business as we work to get caught up on two months of backlog in court appearances, etc.

The Bryan County Courthouse reopened to the public on Monday, May 18, with significant restrictions, summarized in Judge Campbell's May 15 Administrative Order, AO-2020-42.  Per the Order, entry is limited to county employees, judges and their staffs, those "having business" with the Court Clerk or the Election Board, attorneys and their staffs, abstractors and their staffs, bondsmen, law enforcement officers, employees of the Crisis Control Center, parties or witnesses to a case, and "those covered by Marsy's Law" (Okla.Const. art. 2, § 34, which grants a right to be present at criminal proceedings to crime victims, their attorneys or "other lawful representative[s]").  This means that family members, significant others, and friends who want to appear with someone for moral support may not attend court at this time.

Anyone entering the courthouse will have their temperature taken at the entry, and refused entry if their temperature is above 100.3 degrees. No more than 5 litigants (non-attorneys/court staff) are permitted at one time in the second floor courtroom, and no more than 10 in the third floor courtroom.

Much of the rest of the order deals with what is "encouraged" but not required (facemasks, gloves, hand washing, etc), but one matter that needs to be noted is illness. Simply claiming illness will not get anyone excused from a court appearance.  Any party claiming to be too ill to appear must submit written proof from a medical provider that they should be excused - failure to appear without that proof can result in an adverse ruling in a civil case, or a bench warrant in a criminal case.

As we have repeatedly noted, if you have an attorney we strongly encourage you to reach out to that attorney well in advance of your hearing date to find out if you are required to attend court, and to find out how you may be excused from appearing if you are uncomfortable doing so.  If you do not have an attorney, you should probably get one - failing that, you can call the judge's office or the court clerk, but be aware that they are not attorneys and will not be advocating on your behalf with the judge.

0 Comments

Motion Docket May 5 Rescheduled

5/5/2020

0 Comments

 
Even the Cinco de Mayo Motion Docket isn't immune to COVID-19 rescheduling. Yesterday, Judge Campbell issued AO-2020-33, which reschedules the May 5 Motion Docket to June 16, 2020. Thus, if your case was set at 9:30 AM or 1:30 PM on May 5, then it is moved to the same time on June 16.  For criminal defendants, this ONLY applies to defendants NOT in custody - defendants in custody will still have their cases heard by video on May 5.  Note that the Bryan County Courthouse remains closed, so no spectators will be allowed to attend.

As we have repeatedly recommended, you should contact your lawyer if you have one and confirm your new court date.  ONLY if you don't have a lawyer should you contact the Court Clerk or the judge's staff to confirm your court date.

0 Comments

New Eviction Procedural Requirements

5/2/2020

0 Comments

 
On May 1, the Oklahoma Supreme Court issued SCAD-2020-38, which implements new temporary procedures to meet the eviction protections for tenants (from their landlords) and homeowners (from their lenders) provided under § 4024 of the Coronavirus Aid, Relief, and Economic Security Act (otherwise known as the CARES Act), Public Law 116-136. Under that Act, certain tenants and property owners cannot be evicted between March 27 and August 23, 2020.  A good summary of the protections of the CARES Act from the Congressional Research Service  can be found here.

In order to protect tenants and property owners, the Supreme Court is requiring anyone seeking an eviction, retroactive to March 27, to file an affidavit that states whether the property falls under the protections of the CARES Act. This would include landlords filing pro se actions in small claims (without a lawyer).  If you're a landlord, and you've filed an action between March 27 and May 1, you will be required to file the Affidavit.  If you're just now filing one going forward, then you will be required to submit the Affidavit along with your other documents.

Interestingly, this appears to be the first COVID-19 administrative order which has not been unanimous.  Oklahoma's two newest justices both dissented.  Justice Kane, appointed by Governor Stitt in September, concurred in part and dissented in part, but with no explanation, thus leaving it unclear exactly what part of the Order he dissented from.  Justice Rowe, appointed by Governor Stitt in November, dissented, arguing that it was unfair to make landlords figure out if they could legally evict someone before they filed an eviction.  

If you are a landlord or a mortgage holder, it is clearly in your best interest to at least talk to an attorney before filing an eviction during the duration of this emergency period.  Relying on court clerks, deputy sheriffs, or your random Facebook friend for legal advice is not likely to be useful when you finally get your day in court.  Otherwise, you may be disappointed in your results.
0 Comments

Court Proceedings Prepare to Resume

5/2/2020

1 Comment

 
The Oklahoma Supreme Court and Court of Criminal Appeals issued their Third Emergency Joint Order on April 29, 2020, SCAD-2020-36, which sets a timeline for courts to reopen, generally beginning May 16 (which is a Saturday, so don't get excited about going to court on May 16).  Notable provisions of the Order include:
1)  According to ¶¶ 5-9, all deadlines that were to be running through the period from March 16-May 15 are tolled - this means that time does NOT count for any purpose.  Any deadline that began running prior to March 16 will resume AT THE POINT IT STOPPED RUNNING on May 16.  Any deadline that began during that period will begin running May 16.  Paragraph 9 provides that in the event these deadlines pose a hardship, parties are directed to seek relief from the court that they are before, and those requests "should be generously granted."
2)  Paragraph 10 allows "all civil and criminal non-jury hearings" to be set after May 16.  
3)  Per ¶ 12, local county officials continue to have control of access to the courthouse, and the conditions for access (such as mask or glove requirements). Before you go to the courthouse, you should call and check to make sure you can comply with those requirements.
4)  Paragraph 13 continues the ban on individuals with symptoms from entering court facilities.
5)  Paragraph 14 limits the number of people who may be in a courtroom "or other area" to 10 at a time; this is to continue "until public and health officials expand this number  to 50 or more."
6) Jury trials are not to be held in any matter before July 31, per ¶ 3.
If you have questions about how this affects your particular case, you should call your attorney if you have one.  It is doubtful that court staff or court clerks will be able to help you meaningfully, especially in interpreting deadlines, etc.


1 Comment

New Administrative Order for Bryan County Initial Appearances

4/29/2020

0 Comments

 
Today, Judge Campbell issued AO-2020-29, his latest administrative order addressing scheduling issues associated with COVID-19.  Pursuant to that order:
1)  If you are merely cited for a criminal charge (as in, for example, you just receive a traffic ticket but do not go to jail), your initial appearance date is now June 15, 2020, at 1:30 PM.
2)  If you are arrested, but make bond prior to initial appearance before a judge, then your initial appearance date is also June 15, 2020, at 1:30 PM. 
3) If you have previously been directed to appear on May 1, 2020, pursuant to AO-2020-8, then your court date has been reset to June 15, 2020, at 1:30 PM.
Please note that this ONLY applies to cases filed in Bryan County District Court.  If you have something in a different county, or even in a municipal court within Bryan County, you should contact your attorney (if you have one), or if you do not have an attorney, the specific court clerk for your matter, to find out what the status of your court date is.  Quarantine is bad enough - quarantine in jail (because you failed to appear for a hearing and were either arrested on your warrant or on a Driving Under Suspension charge) is even worse.
0 Comments

Governor Stitt Modifies Closure Order

4/24/2020

0 Comments

 
As we noted a couple of days ago, Governor Stitt had announced a phased reopening for Oklahoma businesses, churches, and venues but had not modified his prior Executive Orders which mandated closures.  That changed today, when he issued his latest Executive Order which directed compliance with the Department of Commerce's Open up and Recover Safely (OURS) Plan. That Plan, which can be found here, permits a phased reopening starting April 24.  If you want to know about your specific business or activity, go to the site and check it out - it's way too long to reproduce here.
0 Comments

Governor Stitt Announces Phased Reopening, Closure Orders Remain Unmodified

4/23/2020

0 Comments

 
Yesterday, April 22, Governor Stitt announced a phased reopening plan for Oklahoma businesses, which is summarized in this document from the Department of Commerce.

Notwithstanding the provisions of that document (which are informational, and not an official order) the prior Executive Order mandating closure of those businesses remains unchanged as of this writing (April 23 8:50 AM). We will continue to check and update when more information is available.
0 Comments

Governor Stitt Begins Phased Withdrawal of Some Restrictions, Extends Others

4/19/2020

0 Comments

 
We have fallen a little behind on reviewing Governor Stitt's Executive Orders because, quite frankly, while he's been issuing new and amended orders, not much has changed that would impact our clients and ordinary Oklahomans.
Worth reviewing, however, is his "Second Amended Executive Order 2020-13" and "Executive Memorandum 2020-2" both issued April 16, which clarify dates for the expiration of various restrictions, and provides some explanation on the distinction between various medical procedures. Important provisions include the following:
1) The stay-home order for "vulnerable individuals" remains unchanged, but is extended through May 16, 2020 ("the end of thirty (30)  days after the filing of this Order.")
2)  Elective medical procedures may resume April 25, subject to the tier system described in the Memorandum. Minor medical and non-emergency dental procedures are to be postponed until May 1.  The Memorandum provides a limited amount of clarity as to the difference between what is allowable and what is not between those dates.
3)  The ban on social gatherings remains unchanged, except it is also extended by the "thirty days" language through May 16.
4)  The non-essential business closure order remains unchanged, and will expire May 1.
5)  The ban on visiting nursing homes, long-term care facilities, and retirement homes remains unchanged, except it is also extended by the "thirty days" language through May 16.
6)  The prohibition against discrimination against "front-line healthcare workers and their children" is unchanged, except it is also extended by the "thirty days" language through May 16.
7)  
  The quarantine order for those who travel to Oklahoma from areas with "substantial community spread" remains largely unchanged, except it is also extended by the "thirty days" language through May 16.  Anyone who has traveled from any such area must inform anyone in Oklahoma "with whom they have had direct physical contact in the past 21 days" that they have traveled from such an area.
8)   Schools, "to the greatest extend practicable" are to pay their staff and contractors for the remainder of the fiscal year (which ends June 30).

0 Comments
<<Previous

    Archives

    November 2020
    August 2020
    May 2020
    April 2020
    March 2020

    Categories

    All

    RSS Feed

Powered by Create your own unique website with customizable templates.