Last updated March 19, 2021
Communities and governments have begun phased reopening, and courts now must make tough decisions based on individual circumstances — some may be conducting in-person jury trials, while for others, particularly those with limited space for social distancing, this may not be impossible for several months. These challenges may force a new “hybrid” approach that uses both courtrooms and teleconferencing, as Judge Emily Miskel noted after she helped lead the first remote jury proceeding in Texas.
On the upside, however, this crisis has largely intensified problems that courts were already facing, so some empirical research already exists. Where there are gaps in the research, organizations like ours, the American Law Institute, National Center for State Courts, etc., are turning to other judges, experts, and scholars for guidance. As Justice Bridget Mary McCormack said, “This is not necessarily the disruption we wanted, but I think it’s the disruption we needed.”
Below you will find links to resources, organized by topic. Have a suggestion or something to add? Email us at bolchjudicialinstitute@law.duke.edu.
Returning to full capacity
- The National Center for State Courts — Statewide Plans to Resume Court Operations (ncsc.org) is an interactive map that provides details of COVID restrictions and individual state plans to reopen. Preparing for a Pandemic: An Emergency Response Benchbook and Operational Guidebook for State Court Judges and Administrators (e-book); Essential Steps to Tackle Backlog and Prepare for a Surge in New Cases (video recorded July 21, 2020); in collaboration with the National Judicial Task Force to Examine State Courts’ Response to Mental Illness, the NCSC created this guide discussing observations and recommendations to reduce jail populations during a pandemic. (Last updated January 25, 2021).
- US Courts – Federal Judiciary COVID-19 Recovery Guidelines (americanbar.org) is a national compilation designed to help facilitate decision making at the local level.
- American Bar Association – Coronavirus Task Force (aba.org) is a webpage that is intended as a national source of information about the coronavirus (COVID-19) and the delivery of legal services. It includes resources on remote service delivery, court access and rules changes, legal needs, public benefits programs, and pro bono mobilization.
- Arizona — Best Practice Recommendations of the COVID-19 Continuity of Court Operations During a Public Health Emergency Workgroup (azcourts.gov), published May 1, 2020, outlines a detailed plan to resume normal court operations in four stages.
- California — On June 3, 2020, the California Supreme Court published the Pandemic Continuity of Operations Resource Guide (PDF).
- Indiana — The Indiana State Supreme Court published Resuming Operations of the Trial Courts: COVID-19 Guidelines for Indiana’s Judiciary (PDF) in mid-May to advise counties in the state on resuming operations.
- Michigan — On June 3, 2020, the Michigan Supreme Court published Return to Full Capacity: COVID-19 (courts.michigan.gov) to help Michigan courts to plan for returning to full capacity service. Updates made in July 2020.
- Nebraska — COVID-19: Recovery and Reconstitution Guidance for the Trial Courts (PDF), published in April 2020, advises trial courts in the state on reopening.
- Vermont — Long Term Planning Committee: Ramp-Up Report (PDF), published in mid-May, outlines phased reopening, expansion of judiciary operations, and additional recommendations for safely resuming court operations.
Remote administration of courts
- Video and virtual meeting guides and tips
- American Academy of Appellate Lawyers — AAAL Task Force on Remote Oral Argument Recommendations for Courts Hearing Oral Argument Remotely (pdf; July 2020)
- American Bar Association – Memorandum guide for conducting remote trials from COVID-19 Virtual Courts Technology Working Subgroup. (Updated November 18, 2020). See also this second, briefer guide from the ABA Judicial Division’s COVID-19 Virtual Courts Technology Working Subgroup. (Updated November 24, 2020).
- National Center for State Courts — Remote Appellate Oral Argument A Checklist for Judges & Justices (pdf), published June 25, 2020, offers a short checklist for judges conducting virtual court proceedings.
- National Council of Juvenile and Family Court Judges – This guide is intended to assist judicial officers and courts as they design creative and effective solutions to the problems imposed by the COVID-19 emergency.
- Arizona — Authorizing Limitation of Court Operations During a Public Health Emergency and Transition to Resumption of Certain Operations (azcourts.gov; PDF), published July 15, 2020, authorizes the use of teleconferencing or video conferencing in order to limit in-person contact as much as possible.
- Florida — Representing Yourself and Using Remote Appearance Technology with the Courts (PDF; May 6, 2020), the Florida court system’s COVID-19 workgroup published a one-page best practices guide with a list of “dos” and “don’ts” for lawyers and litigants.
- Florida — Zoom Script for Judges (PDF), the Florida court system published a Zoom script for judges to use.
- Massachusetts — The Massachusetts court system maintains a webpage, Remote court services (mass.gov), with information and links to resources, ranging from remote hearing tips to a trial court helpline. On May 4, 2020, Massachusetts published Tips for Attorneys and Self-Represented Litigants Appearing in Remote Civil Hearings (mass.gov), and on June 5, 2020, published a Protocol for Requesting a Teleconference or Videoconference Hearing in Criminal Cases and Tips for Participants (mass.gov).
- Michigan — Michigan Trial Courts Virtual Courtroom Standards and Guidelines (courts.michigan.gov; PDF; Revised April 17, 2020) and Using Zoom and Virtual Courtroom Resource Center (info.courts.mi.gov)
- Michigan — Setting Up and Conducting a Remote Proceeding Checklist (PDF; April 20, 2020), published by the Michigan Judicial Institute, offers a checklist also has links to additional resources that have more detailed instructions.
- Michigan — Guidance on Conducting Remote Hearings with Self-Represented Litigants (PDF)
- Minnesota — The Minnesota court system has a few helpful bullet points, Remote Hearing Information (mncourts.gov), for best practices for remote hearings.
- University of Pennsylvania Journal of International Law — A Critical Analysis of the Online Court (scholarship.law.upenn.edu), published in 2018, outlines the advantages and disadvantages of online court.
- Texas — Zoom information and YouTube support (txcourts.net), includes links to resources for initial setup, getting started with Zoom, practical tips, et cetera. See also Guidance for All Court Proceedings During COVID-19 Pandemic (PDF)
- Access to justice and the digital divide
- Law.com – Recognizing widespread benefits, court officials see continued role for virtual court proceedings. (Law.com).While online court proceedings may have its detractors, a Clio Cloud Conference panel said the access-to-justice gaps solved outweighs lawyers’ hesitancy, but panelists noted that online services shouldn’t be the only alternative to physical court proceedings.
- Lewis & Clark National Crime Victim Law Institute – This page provides COVID-19 Resources for Legal Services and Victims’ Rights. Last updated March 2020.
- National Center for State Courts — Tiny Chat 4: Digital Divide (vimeo.com) uploaded April 27, 2020. See also Remote Court Operations Incorporating A2J Principles (ncsc.org), published March 27, 2020.
- New York Times – This article discusses DIY internet projects such as the one discussed in the Bronx may help us get more Americans online. The article argues for thinking locally about the digital divide.
- United Nations – This article is the text of UN Secretary-General António Guterres’ video message to the closing of the fifteenth annual Internet Governance Forum Internet Governance in the Age of Uncertainty, on ensuring safe online access to most vulnerable is essential in the recover from the pandemic.
- United Nations Office on Drugs and Crime – The COVID-19 pandemic and states’ responses to it are having an unprecedented effect on the functioning of justice systems globally. This guide highlights some considerations and strategic entry points for practitioners in ensuring access to justice for all in the context of COVID-19.
- Arizona — On July 7, the Arizona Supreme Court issued Administrative Order No. 2020 – 105 (pdf; July 7, 2020) regarding the disposition and protocols for residential eviction cases during COVID-19.
- California — The Judicial Council of California voted to end the COVID-19 emergency bail schedule, effective June 20, 2020, which set presumptive bail at $0 for people accused of low-level crimes, and the Chief Justice rescinded the state-wide order that extended time for defendants to be arraigned.
- Florida — Facilitating Pro Se Litigants with Remote Appearance Technology (PDF), published May 6, 2020.
- Michigan — Virtual Courtrooms (courts.michigan.gov), webpage on virtual courtrooms with guidance on communications, FAQ, and recommendations from a virtual courtroom task force; Memorandum to Problem-Solving Court Judges (PDF), published June 23, addresses issues these courts face when providing critical services to a vulnerable population; The Supreme Court issued an Administrative Order No. 2020-17 (PDF) on June 9 regarding Priority Treatment and New Procedure for Landlord/Tenant Cases. The state court system has also created a webpage for Limiting Access to Family Division Proceedings Benchcard that discusses authority specific to family division proceedings, a non-exhaustive list of interests that may warrant a closure, alternatives to complete closure, and best practices; The Michigan Supreme Court issued Guidance Document Issued in Conjunction with Administrative Order No. 2020-17 (pdf) that outlines how it is treating eviction cases during COVID-19.
- New Jersey — COVID-19 Self-Help Resources (njcourts.gov) covers several topics ranging from fee waivers to filing instructions intended for self-represented litigants.
- New York — Memorandum: Procedure for Addressing Residential and Commercial Foreclosure Proceedings (PDF) was published on June 23 by the New York court system to establish a new procedure for addressing residential and commercial foreclosure proceedings that went into effect on June 24. On July 7, the New York Court of Appeals issued a Memorandum (pdf) that eliminates the attorney affirmation/petitioner’s affidavit requirement in residential and commercial eviction and foreclosure proceedings.
- Massachusetts — MassLegalHelp created a video (youtube.com) on May 12, 2020, to ask for a restraining order during the COVID pandemic; The Massachusetts court system maintains a webpage, COVID-19 resources for Abuse Protection Orders (209A) and Harassment Prevention Orders (258E) (mass.gov), which includes FAQs and other additional resources.
- Dealing with evidence in remote hearings
- E-signatures, e-filing, and notaries
- The National Law Review — Electronic Signatures Becoming the Norm during COVID-19 Outbreak (The National Law Review; April 24, 2020)
- The American Bar Association — Electronic Signatures: Not So Fast (americanbar.org; December 17, 2019)
- The American College of Trust and Estate Counsel – Emergency Remote Notarization and Witnessing Orders (actec.org) provides a list of states that have acted to allow remote notarization or remote witnessing on an emergency basis. Last updated October 30, 2020.
- The National Center for State Courts — Tiny Chat 5: Signatures and Notaries and Service (ncsc.org; May 1, 2020)
- California — The California Supreme Court expanded mandatory electronic filing of all documents (newsroom.courts.ca.gov; March 18, 2020)
- Florida — Order from the Florida Supreme Court establishing procedures to administer oaths via remote audio-video communication (floridasupremecourt.org; PDF; March 18, 2020)
- Michigan — Memorandum from the Michigan Supreme Court re: Remote Notarization (courts.michigan.gov; PDF; April 20, 2020). On July 28, 2020, the Michigan Supreme Court issued a memorandum regarding remote notarization. https://courts.michigan.gov/Administration/SCAO/Resources/Documents/COVID-19/07-28-20NotaryExtension.pdf
- New Jersey — New Jersey Judiciary Launches Expanded Electronic Filing System (njcourts.gov; PDF)
- New Jersey — Judiciary Electronic Document Submission (JEDS) (njcourts.gov), this webpage published on April 9, 2020, provides instructions, informational videos, and “dos” and “don’ts” for electronic filing in New Jersey.
- New York — UCS Electronic Document Delivery System (iappscontent.courts.state.ny.us; PDF)
- Utah — The court provides information about filing documents by email for self-represented litigants both for existing cases and for protective orders.
- Court fee collection and payment systems
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- Arizona — Service of Process in Health Care Institutions During COVID-19 Pandemic (azcourts.gov; PDF), news release from the Arizona Supreme Court on April 16, 2020.
- California — Judicial Council Mandates Electronic Service of Documents in Most Civil Cases (newsroom.courts.ca.gov), published April 17, 2020, requires attorneys to electronically serve and receive notices and documents in all general civil actions and family and probate proceedings if requested to do so by the other party.
- New York — Expansion of E-filing in 14 Downstate Counties, Including the City of New York (nycourts.gov), beginning May 25, 2020, service by represented parties must be electronic; unrepresented parties must be served by non-electronic means, unless they expressly opt-in to participating in the matter electronically.
- Procedural fairness
- The Marshall Project — An infographic webpage entitled Coronavirus Tracker: How Justice Systems Are Responding in Each State, updated June 9, 2020, briefly describes the status of each state’s prisons and courts during COVID-19.
- Fair and Just Prosecution — COVID-19 And Mass Incarceration/Crisis And Solutions (fairandjustprosecution.org), updated April 15, 2020, includes a list of resources regarding COVID-19 and mass incarceration.
- Arizona — Authorizing Limitation of Court Operations During a Public Health Emergency and Transition to Resumption of Certain Operations (azcourts.gov; PDF), published July 15, 2020, provides that March 18 – September 30, 2020, are excluded from calculations of time under rules and statutes that require court proceedings within a specific period of time (Part III: To Calculate Time Considering the Emergency).
- California — Judicial Council Of California Statewide Emergency Order By Tani G. Cantil-Sakauye, Chief Justice Of California And Chair Of The Judicial Council (newsroom.courts.ca.gov; PDF), a statewide emergency order on April 29, 2020, provided for a 90-day continuance of criminal jury trials and a 90-day extension of time for conducting a criminal trial.
- Florida — Benchguide Checklist for Procedural Safeguards During Hearings for a Judge (PDF). On May 7, 2020, the Florida court system’s COVID-19 workgroup published Best Practices for Out-of-County Inmates (flcourts.org). See also an accompanying Request to Transfer a New Case with explanations and instructions and Request to Resolve Violation of Probation While Incarcerated in Holding Court.
- Michigan— Remote Court Participation Chart (courts.michigan.gov; PDF), published May 11, 2020, provides a chart for self-represented litigants and resources for self-represented litigants; see also this page of resources for self-represented litigants.
- Remote interpretation/VRI
- Language Magazine — In her article, Kim Ludvigsen unpacks how COVID-19 has brought about sweeping changes to translation & interpretation services, how the industry is adapting & what the future holds.
- Rooted in Rights – How to Make Your Virtual Meetings and Events Accessible to the Disability Community. (Updated April 13, 2020).
- Slator (language industry intelligence) — This page has several articles relating to language interpretation and COVID-19. There are several articles ranging from machine translation increases with the pandemic, Australia’s new video remote interpreting service, and more.
- Self Represented Litigation network (SRLN) —In the last few years, state courts throughout the country have renewed their focus on language access planning and services for limited-English proficient (LEP) users. This article discusses language access and provides information on each state’s language access efforts at the bottom of the page, along with SLRN’s language access contact.
- Florida — Virtual Remote Interpreting (www.flcourts.org), includes a demonstration video and other information.
- Washington — Remote Interpreting Best Practices during the COVID-19 Emergency (courts.wa.gov), published April 10, 2020, offers a guide to VRI best practices during the pandemic.
Special considerations for jury trials and in-person hearings
- Bolch Judicial Institute — Jury Trials, Mediation, and Complex Litigation (judicialstudies.duke.edu; May 21, 2020)
- Law 360 – Georgia to resume jury trial in state courts again. Read more about Georgia Supreme Court Chief Justice Harold D. Melton’s order here.
- National Center for State Courts — Managing Juries and Jury Trials During The COVID-19 Pandemic (ncsc.org; webinar; May 19, 2020); The Center for Jury Studies, a project of NCSC, maintains a COVID-19 Resources webpage with links to resources, including webinar videos and slides; A webinar First remote jury trial shows potential for widespread use (ncsc.org; May 18, 2020) discussed the nation’s first remote jury trial; Statewide Jury Trial Restrictions (ncsc.org) offers an interactive map that details restrictions on jury trials by state. Constitutional Concerns Related to Jury Trials During the COVID-19 Pandemic. Conducting jury trials and grand jury proceedings during the pandemic has posed significant practical and legal challenges for courts. This memo identifies constitutional issues implicated when courts have suspended jury trials or adjusted jury trial procedures to minimize risks to public health during COVID-19. (Update December 2, 2020).
- U.S. Courts — Conducting Jury Trials and Convening Grand Juries During the Pandemic (uscourts.gov), published June 2020, includes a comprehensive list of considerations for conducting in-person jury trials in federal courthouses. Grand Juries Carry on During Pandemic (uscourts.gov) describes the process of grand jury proceedings during COVID-19. Published on October 27, 2020; About two dozen U.S. district courts have posted orders that suspend jury trials or grand jury proceedings and scale back other courthouse activities in response to a sharp nationwide rise in coronavirus (COVID-19) cases. You can find more about recent orders from around the country linked within the article.
- National Center for State Courts — Considerations in resuming court operations (ncsc.org; pdf; May 1, 2020)
- Arizona— Best Practice Recommendations of the COVID-19 Continuity of Court Operations During a Public Health Emergency Workgroup (azcourts.gov; May 1, 2020)
- California — The Pandemic Continuity of Operations Resource Guide (PDF), issued June 2020, includes a section on Jury Management (pages 46-55).
- Georgia – Jury trials allowed to resume in Georgia (accgov.com). The order, published Oct. 12, 2020, linked at the bottom of this article details guidelines for resuming jury trials.
- Maryland — The Maryland court system has a video (youtube.com) for court visitors during COVID-19, published June 3, 2020.
- New York — On July 7, 2020, the New York court system announced that it will be resuming grand juries in New York City in August and that New York City courts will expand in-person criminal proceedings. In July 2020, New York’s Commission to Reimagine the Future of New York’s Courts published the Goals and Checklist for Restarting In-Person Grand Juries, Jury Trials, and Related Proceedings (nycourts.gov).
- New Hampshire — The New Hampshire Judicial Branch has issued the State Court Jury Plan (pdf) with a comprehensive list of guidelines, recommendations, and checklists for courts go safely resume jury trials; includes input from NH’s Dept. of Health and Human Services Chief Medical Officer and Dr. Erin Bromage, an immunologist from UMass Dartmouth.
- New Jersey — Judiciary Launches Virtual Grand Jury Pilot Program (njcourts.gov; PDF), issued May 14, 2020, announced a virtual grand jury pilot program.
- Ohio — The Ohio Judicial Conference’s Jury Service Committee published Continuing Jury Operations (PDF), a guide with a detailed checklist, in May 2020.
- Washington — Resuming Jury Trials in Washington State (PDF; June 2020) provides guidelines for jury proceedings, ranging from selection to emergency jury instructions; The Washington Supreme Court issued an order (PDF) on June 18 modifying its jury trial proceedings.
Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR)
- American Bar Association — ODR in the Era of COVID-19 (aba.org) explains Online Dispute Resolution (ODR), its benefits, and issues to consider. Posted October 27, 2020; With civil cases piling up and most jury trials postponed, arbitration (and other forms of ADR) may be the answer to efficient conflict resolution during the COVID-19 crisis. This article discusses why you should consider opting for arbitration during the COVID-19 pandemic.
- Journal of Dispute Resolution — Designing and Implementing a State Court ODR System: From Disappointment to Celebration (scholarship.law.missouri.edu) published 2019
- National Center for State Courts — Expanding Court Operations II: Outside the Box Strategies: Administering the courts while the COVID-19 curve is flattened, May 19 (ncsc.org; webinar)
- New York Bar Association – In her weekly address (nycourts.gov) to the public on Oct. 12, 2020, Chief Judge Janet DiFiore reported on the increased role and benefits of alternative dispute resolution during the pandemic and the results of the jury pilot.
- Massachusetts — Massachusetts maintains a webpage Alternative options for solving civil cases in the Superior Court during the COVID-19 pandemic (mass.gov) with information about alternative options for solving civil cases during the pandemic, including mediation, conciliation, and other options.
- Michigan— Michigan Judges Guide to ADR Practice and Procedure (courts.michigan.gov; PDF; March 12, 2020) and Using Zoom to Conduct Online Mediation: Considerations and Resources for Community Dispute Resolution Program Centers (courts.michigan.gov; PDF)
Court Closures, Restrictions, and General Guidance
- Court Orders and Updates During COVID-19 Pandemic (uscourts.gov)
U.S. District Courts, U.S. Courts of Appeal, U.S. Bankruptcy Court, and U.S. Supreme Court COVID-19 response orders, and additional information regarding the national judicial response to the COVID-19 pandemic and court business
- Coronavirus and the Courts (ncsc.org)
Updated information on state court administrative orders and closures, resources for emergency response plans, and podcasts and webinars related to state court response to COVID-19.
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- Coping with COVID (judicialstudies.duke.edu)
This podcast and video series, jointly produced by the Bolch Judicial Institute of Duke Law School and the American Law Institute, examines the impact of the COVID-19 pandemic on the legal system. Hosted by David F. Levi.
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State Court Administrative Notices and Orders
- JUSTIA (justia.com) — State court systems across the country have significantly altered their operations in response to the coronavirus pandemic. Justia compiled a list of 50-state resources on court operations during COVID-19 here.
- WomensLaw.org — This chart, compiled in October 2020, gives a brief overview of how state courts are handling civil cases, mostly protection orders, custody, and divorce. Please check with your local courthouse to confirm that this information is still current before relying upon it. Click on your state’s link on the chart to skip to that state’s specific information.
- Pandemic related administrative orders (ncsc.org)
Offers a sample of court administrative orders sorted by topic, including restricting or ending jury trials, restricting entrance to courts, requiring teleconferencing, suspension of in-person proceedings, alterations to domestic violence protection orders, and prisoner and defendant release orders, etc.
- Paul Hastings – Paul Hastings compiled a guide of U.S. court closings, restrictions, and re-openings due to COVID-19 organized. This page is linked and organized into five sections: U.S. District Court; U.S. Courts of Appeals; U.S. Supreme Court; Other Courts and Administrative Agencies; Various State Courts.
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International Court Responses
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- European Commission Coronavirus Response (ec.europa.eu)
The European Commission’s common European response to the outbreak of COVID-19
- Current activities at the ECHR during the global health crisis (press release, PDF)
Measures the European Court of Human Rights has taken in the context of the global health crisis
- Coronavirus (COVID-19) advice and guidance (judiciary.uk)
The latest advice and guidance from the judiciary in the United Kingdom in relation to the coronavirus pandemic
- New South Wales Bar Association COVID-19 guidance (nswbar.asn.au)
Resources on the continuation of court proceedings under COVID-19 in New South Wales, Australia
- Resources for Justice employees: Coronavirus Disease (COVID-19) (justice.gc.ca)
Links to resources and messaging about a variety of COVID-19 topics as they relate to work, health, and the courts in Canada
- ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic (PDF)
Published on April 9, 2020, this ICC guidance note chiefly speaks to recommendations for ICC arbitrations.
- Supreme Court of Victoria, Australia COVID-19 guidance and orders (supremecourt.vic.gov.au)
Resources on the continuation of court proceedings under COVID-19 in Victoria, Australia
- COVID-19: Consequences for dispute resolution in Germany (twobirds.com)
The novel coronavirus (COVID-19) pandemic has far-reaching consequences for the accessibility of justice and alternative forms of dispute resolution in Germany. In this article, the authors provide an update on the measures that have been implemented so far and what the consequences are for both current and new cases in German courts.
- World court continues adjudicating throughout COVID health crisis (news.un.org)
Despite the COVID-19 pandemic, the head of the United Nations world court said on Friday, Oct. 30, 2020, that its judiciary work in the Hague, Netherlands, continued unabated.
- ICJ Guidance on the Courts and COVID-19 (icj.org)
As courts of law around the world are moving rapidly and dramatically to limit and reduce their operations in the face of the COVID-19 pandemic, the ICJ has today published relevant guidance from a human rights and rule-of-law perspective.
- The Family Court and COVID 19, The Road Ahead 2021 (judiciary.uk; pdf)
This PDF provides a look at new COVID restrictions on family courts in the UK and a summary of some of the messages on the subject from the Lord Chief Justice.
- Judiciaries Around the World: Responding to the Challenges of COVID-19 (fjc.gov)
In this two-part webcast, judges from nine different countries discuss their courts’ experience during the COVID-19 pandemic
Other Resources
COVID Lawsuits and Litigation
- Ballotpedia – Ballotpedia is providing comprehensive coverage on how the coronavirus (COVID-19) pandemic is affecting America’s political and civic life. This page is updated biweekly and details a partial list of relevant lawsuits about state actions and policies in response to the coronavirus pandemic.
- The Free Speech Center – The Free Speech Center at Middle Tennessee State University is providing a running report on Covid-19 and the First Amendment. Last updated December 3rd.
- US Law – Statute of Limitations quick guide for the COVID-19 pandemic organized by state. Written by USLAW NETWORK member attorneys, the Compendium takes advantage of local knowledge and experience in each of the jurisdictions in which USLAW NETWORK firms practice. (Updated December 2020).
- National Center for State Courts – The Crisis Care Continuum: Resources for Judges During and After the COVID-19 Pandemic. The purpose of this brief is to acquaint court leaders with the opportunities to influence change in their courts and communities during these difficult times and to implement practices that will result in better outcomes for those with serious mental illnesses. Links to research and resources are provided at each stage of the crisis care continuum
- RAND —The RAND Institute for Civil Justice (ICJ) and the Berkeley Law Civil Justice Research Initiative (CJRI ) have assembled a distinguished group of attorneys, judges, and scholars to discuss the impact of COVID-19 on the court system. You can view the conference information and review the agenda, as well as watch the presentations on YouTube
Backlog of Cases
- National Center for State Courts –
- Battling the Backlog: COVID-19 Pandemic Data (vimeo.com)Current data indicates that cases involving children, families and elders are accumulating. This is the first of three videos talking about filing and disposition data across the country during COVID-19, where Alicia Davis interviews Diane Robinson, Senior Court Research Associate, about a small sample filing and disposition data for 2019 and 2020 that helps illustrate the impact of the COVID-19 pandemic on court backlogs.
- Battling the Backlog: COVID-10 Pandemic Juvenile Data (vimeo.com) Although some family cases resulted in an accumulation during COVID-19, not all case types resulted in the same level of backlog. More urgent cases, like juvenile and dependency cases involving neglect or abuse cases, were prioritized by the courts. Alicia Davis interviews Senior Court Research Associate Diane Robinson about filing and disposition data for these vulnerable populations.
- Battling the Backlog: COVID-19 Pandemic Domestic Relations and Domestic Violence Data (vimeo.com) This video continues the dive into the data from the small sample of courts that appears to indicate the first signs of accumulating backlog. In the second of three videos, Alicia Davis interviews Senior Court Research Associate Diane Robinson about the patterns observed for domestic relations and orders of protection data collected through a data request.
- Guardianships and Conservatorships: Addressing Backlog and New Filings (PDF) addresses backlog in guardianship cases and case management methods. (Updated December 14, 2020).
- Domestic Relations: Addressing Backlog and New Filings (PDF) addresses backlog in domestic relations and case management methods. (Updated December 14, 2020).
- Managing Delinquency Cases in the COVID Era (PDF) addresses backlog in delinquency cases and advice for managing them. (Updated December 14, 2020).
- Child Welfare: Addressing Backlog and New Filings (PDF) addresses backlog in child welfare cases and case management methods. (Updated December 14, 2020).
- A Library of On-Demand Videos on Preventing Backlog and Addressing New Filings. The purpose of this library is to help courts manage cases involving children, families, and elders during the present emergency and beyond. This PDF contains links to a library of videos for judges.
Administrative Adjudications
- Administrative Conference of the United States – The ACUS has compiled a list of resources for federal agencies to manage their adjudication caseloads while promoting public health and safety. ACUS is providing resources for agencies and compiling relevant orders, policies, news releases, and other statements as agencies make them available on their websites and in the Federal Register. (Updates January 30, 2021).
Addressing Mental Health Issues
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- National Center for State Courts — The National Center for State Courts has published several resources recently addressing mental health issues surrounding courts and the pandemic in collaboration with the National Judicial Task Force to Examine State Courts’ Response to Mental Illness. This guide addresses the mental health and well-being of judges and court employees. (Last updated January 16, 2021). This guide discusses how to improve outcomes for people with behavioral health needs during a pandemic. (Last updated January 25, 2021).
COVID Vaccine and the Courts
- CNN – All nine Supreme Court justices have been vaccinated. Read more about this story here.
- Constitution Daily – On February 21, 2021, the Supreme Court first ruled on vaccines and public health. Read more about this decision, Jacobson v. Massachusetts, here, and find the full case text here.
- New York State Bar Association – Latest news on judges to be vaccinated and trials to begin again soon.
- Bloomberg – Brazil’s Supreme Court rules that vaccines can be government mandated. Read more here.