Michigan Supreme Court Responds to COVID-19, Limits Trial Court Proceedings, Suspends Appellate Deadlines

Certain trial court criminal proceedings should be conducted by two-way interactive video or other remote participation tools to the extent possible.

The Michigan Supreme Court posted a message on its website summarizing its response to the effects of COVID-19:

As part of its response, the Court has issued several administrative orders including one addressing criminal proceedings in trial courts and another suspending the deadlines for filing in Michigan appellate courts.

Order Limiting Activities/Assemblages
in Court Facilities

Administrative Order 2020-2, entered on March 18, 2020 to “confront this unprecedented health crisis,” generally orders trial courts to limit access to courtrooms and other spaces to no more than 10 persons (including court staff), practice social distancing, and limit court activities to essential functions only. 

Criminal Matters in Circuit Courts

For in-custody defendants, circuit courts are directed to conduct pleas, sentencings, arraignments on the information, probation violation arraignments, and emergency motions regarding bond by two-way interactive video or other remote participation tools to the extent possible; these matters should be adjourned if the defendant is not in custody. Criminal jury trials are adjourned until after April 3, 2020.
Criminal Matters in District Courts

For in-custody defendants, district courts are directed to conduct pleas, sentencings, arraignments, bond motions, probable cause conferences, and preliminary examinations by two-way interactive video or other remote participation tools to the extent possible. All other criminal matters should be adjourned, and criminal trials are adjourned until after April 3, 2020.

The Order addresses additional proceedings and circumstances. You can read the entire order at
 https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/court-rules-admin-matters/Administrative%20Orders/2020-08_2020-03-18_FormattedOrder_AO2020-2.pdf

Order Suspending Filing Deadlines in the
Michigan Supreme Court and
Court of Appeals

Administrative Order 2020-4 (entered March 26, 2020) suspends the deadlines (including jurisdictional deadlines) for all filings in the Michigan Supreme Court and Court of Appeals as of March 24, 2020 (the effective date of Executive Order 2020-21) and tolls the deadlines until the expiration of EO 2020-21 or a subsequent EO that extends the suspension of activities that are not necessary to sustain or protect life. (EO 2020-21 suspends unnecessary activities through April 13, 2020.) The order gives filers the same number of days after the EO expires as they would have had before the suspension went into effect. 

The order includes the following example: “[I]f the deadline for filing an application for leave to appeal with the Michigan Supreme Court is March 26, 2020, the filer would have three business days after the EO expires to timely submit the application with the Court.” You can read the entire order at
https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/court-rules-admin-matters/Administrative%20Orders/2020-08_2020-03-26_FormattedOrder_AO2020-4.pdf


by John Zevalking
Associate Editor