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.
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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. 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. 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 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. On Sunday, March 29, Governor Stitt issued his "Sixth Amended Executive Order" which added several new provisions to his prior orders.
1) According to ¶ 22, package delivery companies are now required to have a screening, including a "daily temperature check" and administration of "a short questionnaire about potential exposure" at the beginning of each shift for any employee "handling packages." Similar checks are required for any person delivering packages, flowers or food to "a hospital, clinic, long-term care facility or childcare facility." 2) Paragraph 23 prohibits discriminating against "front-line healthcare workers and their children" who are not showing symptoms of COVID-19 infection and have yet to test positive for it "in housing or childcare services." 3) Paragraph 26 imposes a quarantine on anyone who has traveled to Oklahoma "by air" from "an area with substantial community spread", which includes the states of Connecticut, New Jersey, New York, Washington, California and Louisiana for 14 days, retroactive to when that person entered the State. Such persons are apparently free to leave Oklahoma (the period of quarantine is actually 14 days from entry in the state "or the duration of the person's presence" in Oklahoma, "whichever is shorter." This quarantine apparently does not include people who drive from those places, only those that fly. Paragraph 27 requires that these individuals "inform any individual in Oklahoma with whom they have had direct physical contact in the past 21 days that they traveled from an area with substantial community spread." These new provisions are effective until April 28, 2020 ("thirty (30) days after the filing of this Order." Likewise, as did prior Orders, this new Order extends the stay-home order for "vulnerable individuals" (¶ 17), the prohibition on social gatherings of more than 10 people (¶ 18), and ban on visitors at nursing homes, retirement homes and long-term care facilities (¶ 21) to the same date. Those provisions are addressed in the post on the "Fourth Amended" version of the Order. On March 27, the Oklahoma Supreme Court and the Oklahoma Court of Criminal Appeals issued their Second Emergency Joint Order regarding the COVID-19 emergency. That order required that "[a]ll courthouses in all 77 counties shall be closed to the public with exceptions for emergencies as permitted by local order." That does not mean all court business stops - criminal cases involving defendants in custody, protective orders and other emergency matters are still being heard to some degree (this will vary according to local practice), but most day-in-day-out activities HAVE stopped. Filings can still be accomplished by mail or electronic means - contact your local court clerk for information on how to file documents in your county. Note that THERE IS NO END DATE FOR THIS PROVISION - it remains in effect until the Courts order otherwise.
Another important provision includes the extension of all deadlines (subject to constitutional limitations) through May 15, 2020. No statute of limitations or rule-imposed deadline will run on any case through that date. Attorneys can remain open, as they have been identified as a "critical infrastructure sector" by Governor Stitt. However, you should check with your attorney to see what practices they are following during the emergency. Our office will remain closed to the public, although we will remain available by phone at (580) 920-9060 or through our "Contact Us" page on our website. On March 27, Governor Stitt issued his "Fifth Amended Executive Order" to address the COVID-19 emergency. That Order did not materially change the provisions we've addressed previously, but does extend the effective date to April 26, 2020 ("thirty (30) days after the filing of this Order") of most of the restrictive provisions.
To review, the important restrictions are: 1) A Stay-Home order for most "vulnerable adults" - effective until April 26 (¶ 17) 2) Postponement of elective surgeries, minor medical procedures, and non-emergency dental procedures until April 7 (¶ 18) 3) Prohibitions on "social gatherings" of more than 10 people - effective until April 26 (¶ 19) 4) Prohibition on visitors in nursing homes, long-term care facilities, and retirement homes - effective until April 26 (¶ 21) 5) Mandatory closure of all businesses not identified as being part of a "critical infrastructure sector" within one of the counties listed on the Health Department's website (now 38 counties as of 11 AM March 28) - effective until April 16 (¶ 20). For a more thorough explanation of the restrictions, see my initial post here. Yesterday, when Governor Stitt issued his Fourth Amended Executive Order, that Order required, in ¶ 20, the closing of "all businesses not identified as being within a critical infrastructure sector as defined by the U.S. Department of Homeland Security" and in a county identified by the Department of Health as having positive COVID-19 tests (19 counties as of the issuance of his Order, now 27 as of 4:30 PM today) . Yesterday and today, the Governor's office has issued memoranda which basically add businesses and professions to that "critical infrastructure list." If you want to see if your business is on the list, you need to check the Homeland Security list here; if you're not listed there, then check the Governor's supplemental list in the latest memorandum here. If you're in one of the affected counties, and not on either list, then you are required to close.
This portion of the Order goes into effect in the affected counties at 11:59 PM March 25, and lasts until April 16. Per a Facebook post from Marshall County Commissioner Josh Cantrell, the Marshall County Courthouse is closing tomorrow to the public due to COVID-19. Here is a helpful list of phone numbers he posted if you need to do business with the County.
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