Missouri Supreme Court extends suspension of in-person proceedings

The state’s courts remain open; however, the Missouri Supreme Court issued an order Sunday extending its suspension of all in-person proceedings due to the COVID-19 pandemic.

Presiding Circuit Judge Michael Pritchett also issued a similar administrative order on Monday for the 36th Judicial Circuit. It applies to all circuit and municipal courts in Butler and Ripley counties.

Anyone with a case on Tuesday’s felony docket reportedly is not required to appear, according to press releases from the state and Butler County officials

“(It) is strongly encouraged and recommend that, to the maximum extent possible,” proceedings be conducted by any other method that does not require the physical presence of anyone, Pritchett’s order says.

Implemented as a precautionary measure to combat the spread of the virus to the public and employees of the Missouri judiciary, the Supreme Court has suspended in-person proceedings through April 17.

The court’s original suspension had been through April 3.

The new order continues to apply to all appellate and circuit courts, including all associate, family, juvenile, municipal and probate divisions, as well as grand jury proceedings.

“All other proceedings, i.e., those proceedings that do not require in-person appearances of parties or counsel are not suspended and may continue or be suspended at the discretion of the judge in the matter,” the Supreme Court order says.

Judges, the order further says, may exercise discretion to conduct proceedings that do no require in-person appearances or in-person proceedings suspended by the order by teleconferencing, video conferencing or other available technology.

Exemptions to in-person proceedings are those:

• Necessary to protect the constitutional right of criminal defendants and juveniles;

• Pertaining to juvenile delinquency and abuse, neglect and termination of parental rights;

• Pertaining to adoption;

• Pertaining to orders of protection;

• Related to emergency child custody orders;

• Related to petitions for temporary restraining orders;

• Proceedings related to emergency mental health orders;

• Pursuant to emergency guardianship or conservatorship; and

• Directly related to the COVID-19 public health emergency.

“The court shall remain open and operational;” however, except for the exemptions identified by the Supreme Court, “there shall be no in-person proceedings, hearings or conferences held in court buildings,” Pritchett’s order says.

All proceedings, hearings and conferences shall be conducted, to the extent possible and available, by “telephone, polycom, scopia, video conferencing, Zoom and any other method that does not require the physical presences of persons in court buildings,” the order further says.

Any in-person proceedings, hearings or conferences “shall be held in limited and extreme circumstances only and based on determination that alternatives methods” cannot occur, Pritchett said.

The exemptions set out in Pritchett’s order mirror those of the Supreme Court, but also include initial appearance and mandatory bond hearings.

In-person hearings or conferences may be conducted for the exempted proceedings, Pritchett’s order further says.

Efforts, Pritchett said, are being made to make available video conferencing for appearances of those incarcerated in the Butler County jail.

The availability of the video conferences is a “work in progress” and may not be possible in all circumstances, the order says.

Anyone with a case on Tuesday’s felony docket reportedly is not required to appear. Defendants are encouraged to stay in touch with their attorneys to determine the next court date.

Anyone not represented by an attorney, is asked to contact the Circuit Court clerk at 573-686-8082.