Haggerty Law Office, COVID-19 UPDATES - Haggerty Law Office

Haggerty Law Office

New Administrative Order for Bryan County Initial Appearances

4/29/2020

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.

Governor Stitt Modifies Closure Order

4/24/2020

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.

Governor Stitt Announces Phased Reopening, Closure Orders Remain Unmodified

4/23/2020

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.

Governor Stitt Begins Phased Withdrawal of Some Restrictions, Extends Others

4/19/2020

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).

Bryan County Moves April 15 PHC Docket

4/14/2020

On April 13, 2020, Judge Campbell issued AO-2020-24, which reschedules the April 15 PHC docket to June 3, 2020 at 8:45 AM. This does NOT apply to defendants in custody; those PHCs will be held as scheduled on April 15, most likely with defendants appearing via Facetime from the jail.

Bryan County Moves April 9 Misdemeanor Disposition Docket

4/7/2020

On April 6, Judge Campbell issued Administrative Order AO-2020-22, which rescheduled the bulk of the April 9 misdemeanor disposition docket. For all defendants NOT in custody, cases set April 9 at 9:00 AM are now reset June 4, 2020 at 9:00 AM. For defendants who ARE in custody, hearings will still be held as scheduled on April 9.

As we have repeatedly stressed, if you have any question about when your case is set, and you have an attorney, CALL YOUR ATTORNEY TO CONFIRM YOUR COURT DATE. Only if you do NOT have an attorney should you call the judge's chambers or the court clerk.

Bryan County Moves April 7 Motion Docket

4/6/2020

Earlier today, Judge Campbell issued Administrative Order AO-2020-21, addressing the Motion Docket set for April 7. Per the Order, all civil cases are being moved to June 2 at 9:00 am (NOTE: This appears to be a typographical error; this docket is typically held at 9:30 am, but the Order says 9:00). All criminal cases, EXCEPT FOR THOSE DEFENDANTS IN CUSTODY, are being moved to June 2 at 1:30 pm. Hearings will still be held as scheduled for those criminal defendants who are in jail.

As we have repeatedly stressed, if you have any question about when your case is set, and you have an attorney, CALL YOUR ATTORNEY TO CONFIRM YOUR COURT DATE. Only if you do NOT have an attorney should you call the judge's chambers or the court clerk.

Governor Stitt Expands Quarantine, Expands Business Closures, Extends Other Restrictions

4/1/2020

On April 1, Governor Stitt issued his "Seventh Amended Executive Order" addressing the COVID-19 public health emergency. Key provisions of that Order include:

1) Expansion of the quarantine ordered on March 29 to include ALL travelers from Connecticut, New Jersey, New York, Washington, California and Lousiana; the prior order included ONLY those who had traveled by AIR. The current quarantine also includes anyone who drove, and remains retroactive from the person's entry into Oklahoma. Airline employees, "those performing military, emergency or health response", or those employed in a "critical infrastructure sector" are excluded.

2) Expansion of the business closure order to all 77 counties; previously, only counties with positive tests were included, but businesses that are NOT identified as a "critical infrastructure sector" are required to CLOSE until April 30.

3) Elective and minor medical and dental procedures are now to be delayed until April 30; they were previously delayed until only April 7.

4) The mandatory questionnaire for delivery personal are now required to include recent travel and exposure to COVID-19-positive individuals.

Other provisions, such as the ban on "social gatherings" or the stay-home order for "vulnerable individuals" remain in effect. And all provisions that do not have an express termination date expire May 1 ("thirty (30) days after the filing of this Order.")

Bryan County Administrative Orders for April 1 PHC docket, April 6 protective order docket and April 8 PHC docket

4/1/2020

Bryan County issued three new administrative orders on April 1, which affect three different dockets this week and next.
1) AO-2020-19 addresses today's preliminary hearing conference docket. All PHCs NOT involving a defendant in jail are moved to May 20 at 8:45 AM. Defendants who are in custody were dealt with in court today.
2) AO-2020-18 addresses protective order hearings set April 6. Those cases are ALL moved to May 18 at 9:00 AM. Temporary protective orders will remain in effect while they await a hearing.
3) AO-2020-17 addresses the preliminary hearing conferences set April 8. All PHCs NOT involving a defendant in jail are moved to May 27 at 8:45 AM. Defendants who are in custody will still be dealt with on April 8.

If you are uncertain about whether one of these orders apply to you, talk to your attorney if you have one. ONLY if you don't have an attorney, then you should call either the Court Clerk or the District Court.