Family Law Court Proceedings in the Pandemic's First Year: The Experience of Each State as Reflected in Contemporaneous Interviews and Reviews of Court Websites and Orders
| Author | University of North Carolina School of Law Research Team |
| Pages | 195-210 |
195
Family Law Court Proceedings in the
Pandemic’s First Year:
The Experience of Each State as
ReectedinContemporaneous
Interviews and Reviews of Court
Websites and Orders
UNIVERSITY OF NORTH CAROLINA SCHOOL OF
LAW RESEARCH TEAM*
Introduction
In December of 2020, a team of rst-year law students at the University
of North Carolina School of Law were tasked with combing through state
judicial orders to create a snapshot of what happened in family law during
the U.S. response to the COVID-19 pandemic from March 1, 2020, to
March 31, 2021. The project, directed by UNC Law Professor Maxine
Eichner, grew out of the work of the Uniform Law Commission’s Study
Committee on Family Court Emergency Procedures, for which Professor
Eichner served as Reporter. Students conducted original research to
determine how family law matters were being handled in each state during
the rst year of the pandemic, paying specic attention to how proceedings
were or were not taking place (in-person or remotely). What follows is a
brief summary of those ndings.
* The work for this Article was completed by a team of 2020–2021 rst-year law students
at the University of North Carolina School of Law, working under the supervision of Professor
Maxine Eichner, the Graham Kenan Distinguished Professor of Law at the University of North
Carolina at Chapel Hill. The work was coordinated by Sara Margolis, Katie DeAngelis, and
Michael Hall; other contributors included Rachel Allore, Sara Cassidy, Rebekah Lester, Kathryn
Anne Robinson, and Wynter Wolff.
Published in Family Law Quarterly, Volume 55, Number 2, 2022. © 2022 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may
not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
196 Family Law Quarterly, Volume 55, Number 2, 2021–2022
The COVID-19 pandemic was an unprecedented judicial emergency that
plunged family law into a state of chaos. State reactions varied in speed,
severity, and longevity across the board. Universally, states had to adapt
to virtual technology and imposed statewide safety mandates. Because
no states were truly the same, the entries below provide an overview of
the various strategies used to cope with a national emergency. Though,
hopefully, the events of 2020 will not be repeated, it is quite possible that
a statewide or nationwide event could force temporary shutdowns of our
courthouses again. Reactions to future events could be greatly inuenced
by the successes and misres that were documented during this crisis.
The information in the chart that follows was compiled from December
2020 through March 2021. The sources of the information include
examination of state judiciary orders issued between March 1, 2020, and
March 31, 2021. In some cases, family law attorneys were interviewed. The
chart also includes links to state judicial websites for further information
about state judicial administrative orders relating to COVID-19.
State
Summary as of Winter 2020–21 (based on
contemporaneous interviews with practitioners
and reviews of court websites and orders) Judicial Website Resources
Alabama Alabama’s approach to the pandemic was
without much central guidance or limitations (in
comparison to other states) and included local
delegation. During the rst month of lockdown,
the court granted exceptions for the suspension
of in-person cases that included family law
cases (including emergency child custody and
protection order cases, termination-of-parental-
rights proceedings, and child protection cases).
Also in March 2020, the court began encouraging
telephonic and electronic hearings and non–hard
copy lings. Finally, the court delegated the
power to recommence in-person and “normal”
business to presiding circuit judges. The authority
to proceed, and in what way, was left in the hands
of local court ofcials.
Alabama Administrative
Ofce of Courts, COVID-19
Updates, https://www.alacourt.
gov/COVID19.aspx
Alaska Courts in Alaska were operating remotely in many
areas prior to the pandemic due to the nature
of the state. Mediation was promoted and still
available. As of the time of the review, all cases
led were being heard and the backlog from
spring, summer, and early fall 2020 was being
addressed.
Alaska Court System,
COVID-19 Response, https://
courts.alaska.gov/covid19/
Family Law Court Proceedings in the
Pandemic’s First Year
Published in Family Law Quarterly, Volume 55, Number 2, 2022. © 2022 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may
not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
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