JEFFERSON CITY – Although courts are bound by the state Constitution to remain open, the Missouri Supreme Court has suspended in-person proceedings through Friday, May 1 in an attempt to stop the COVID-19 pandemic.
“A suspension strikes a balance to be open for the citizens while also taking affirmative action to decrease unnecessary personal interaction during this time of crisis,” Richard AuBuchon, executive director with Missouri Civil Justice Reform Coalition, said.
As of April 7, there were 2,722 cases of COVID-19 and 39 deaths, according to the Missouri Department of Health and Senior Services.
The Missouri Supreme Court’s order does not completely shutter the system but encompasses all associate, family, juvenile, municipal and probate divisions for suspension of in-person proceedings.
“Anything the courts do now to limit contact will mean less disease transmission,” AuBuchon said. “Their actions now mean less long-term problems in the future.”
Proceedings that are exempt from suspension include those that protect the constitutional rights of criminal defendants and juveniles as well as those in which civil or criminal jury trials were already in progress as of March 16.
In response to the Supreme Court’s previous administrative order issued March 16, the Western District Missouri Court of Appeals issued its own directive canceling oral argument in all cases regardless of location. Oral arguments previously scheduled are pushed to June 2020 at the earliest unless the case is submitted on briefs, according to the statement.
“Yes, there may be delays on cases but given the exigent circumstances in which we find ourselves, the delays are necessary,” said AuBuchon. “Lawyers, parties to the case, witnesses, jury members, court staff, judges all need to stay home right now if at all possible and focus on decreasing disease transmission."
The Supreme Court’s administrative order doesn’t impact required deadlines through Missouri’s electronic filing system, according to the Eastern District Missouri Appeals Court statement.
Other exempt proceedings are orders of protection, emergency orders related to child custody, petitions for temporary restraining orders or other forms of temporary injunctive relief, and emergency orders related to mental health.