Statement from the National Council of Juvenile and Family Court Judges Regarding Safe Courts and Access to Justice During COVID‐19

• DOI: http://doi.org/10.1111/jfcj.12178
• Published date: 01 September 2020
• Date: 01 September 2020
• Author: Hon. Ramona A. Gonzalez

Statement from the National Council of Juvenile

and Family Court Judges Regarding Safe Courts

and Access to Justice During COVID-19

May 13, 2020

For 83 years the National Council of Juvenile and Family Court Judges (NCJFCJ)

has provided judicial officers, courts, and court-related agencies nationwide with the edu-

cation, technical assistance, and research they need to improve the lives of those who seek

fair, equal, effective and timely justice.

As the COVID-19 pandemic is changing the world, so is it changing the courts.

Judicial officers, court staff, parties, subpoenaed witnesses, attorneys, and jurors must be

healthy and safe in order for the courts to function. As trial court judges during this time

of COVID-19, we have a responsibility to protect the health of those who enter our

courthouses relying on our system of justice; to ensure they are safe and that our system

remains fair.

We cannot ensure access to justice if we, people who work in the courts and people

who appear in front of us, are ill or afraid coming to court will expose them to COVID-

19. This is about community safety and access to justice, not politics. It is about ensur-

ing a healthy and fair judicial system.

We, therefore, urge all court systems to adopt these protective guidelines:

1. No court should return to full operation until prevailing science and local health

authorities say it is safe to do so.

2. Video and telephonic hearings should be encouraged whenever possible in the

interest of justice so that all parties and witnesses can participate. Judicial officers

and court staff should be trained and supported to conduct such hearings.

3. Courts are encouraged to enter stipulated orders without a hearing when counsel

have signed written stipulations and waivers of the right to appeal.

4. Courts are encouraged to make information about how to access court remedies

easily accessible to the public and stakeholders.

5. When any court re-opens, it should follow the Centers for Disease Control and

Prevention (CDC) recommendations for distancing, including in elevators, wear-

ing masks or other personal protective equipment, and regularly disinfecting all

areas of the courthouse for all staff and the public. If local health requirements are

Juvenile and Family Court Journal 71, No. 3

©2020 National Council of Juvenile and Family Court Judges

89