In two court orders, the Supreme Court of Kentucky laid out additional guidance and clarifications about judicial procedures during the COVID-19 lockdown. The two orders remain in effect until May 31, 2020.
One administrative order, 2020-28, clarifies various judicial questions during the pandemic (information from the press release):
- Clarifies that the suspension of evictions does not excuse an individual’s obligation to pay rent or comply with other obligations under tenancy.
- Advises attorneys, to the extent possible, to continue to prepare and litigate cases to minimize delay upon expiration of the order.
- Suspends grand jury proceedings through the expiration of the order.
- Suspends the 60-day period in RCr 5.22(3) from March 16, 2020, until the expiration of the order.
- Encourages judges to give priority in setting hearing and trial dates to cases where the defendant is in custody and proceedings have been suspended by the Supreme Court’s response to the COVID-19 emergency.
The other administrative order, 2020-27, deals with the early release schedule, and includes the following:
- The order applies only to new arrests and does not apply to drug court violations, probation violations, any violations of conditions of release, persistent felony offender charges or escape charges.
- Defendants who are arrested for any nonviolent/nonsexual misdemeanor and/or Class D felony (including defendants arrested on an indictment warrant) and have not been assessed as a high risk for new criminal activity shall be released on recognizance.
- Defendants who are charged with any nonviolent/nonsexual Class D felony, are a high risk for failure to appear, or have previously failed to appear on any nonviolent/nonsexual misdemeanor or Class D felony shall be supervised by Pretrial Services.
- Defendants who are served with a warrant for nonpayment of court costs, fees or fines or with a warrant for failure to appear on a violation shall be cited and released and a show cause hearing shall be set after May 31, 2020.
- Defendants who are arrested for contempt of court on civil matters (excluding any violation of a protective order), nonpayment of child support or nonpayment of restitution shall be released on recognizance and a show cause hearing shall be set after May 31, 2020.
- Defendants not released under this schedule or under the current Administrative Release Program shall be reviewed by a judge within 12 hours of their arrest.
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