Eastern District of California Blog

EDCA Covid-19 Update

The EDCA Court yesterday issued General Order 614 that provides that most court appearances are to be conducted via videoconferencing (or teleconferencing) rather than in person during the COVID-19 emergeny.  With respect to felony pleas and sentencings that cannot reasonably be continued, the judge may also authorize that they proceed via videoconference or teleconference with the consent of the defendant.  The Court has also cut back its public phone hours.  EDCA Court COVID-19 Info Page

In a court filing today, California stated that it will accelerate the release of up to 3,500 inmates by up to 60 days to reduce overcrowding amidst the spread of COVID-19.  LA Times, 3/31/20.  Lawyers for the inmates are seeking broader prison releases and further protective measures.

And, in case you missed it, local attorney Mark Reichel discusses the impart of COVID-19 and court closures on his and others' law practices.  Fox40.com, 3/24/20

LA Times: "Prison Lockdowns and Influenza Symptoms Spread, Along with Calls for Early Release"

Early release from prison is on the table as a state task force begins discussions on how to navigate California’s incarcerated population through the coming storm of the novel coronavirus.

U.S. District Judge Kimberly Mueller on Friday ordered the task force during a telephone status hearing. The hearing was for updates on prison mental health but instead dwelt almost entirely on COVID-19. The task force’s first meeting was Saturday, involving lawyers for the governor’s office, corrections department, Department of State Hospitals and those representing prisoners in long-running litigation over prison conditions.

At Mueller’s direction, said plaintiff’s attorney Michael Bien, “population is on the table.”

LA Times, 3/21/20

EDCA Court Orders Task Force to Deal with COVID-19 Crisis in California Prisons

This Sacramento Bee story today reports that an employee at CSP-Sacramento prison and another at San Quentin have tested positive for COVID-19.  And here's what the Bee says about the new COVID-19 CDCR task force:

At a court hearing Friday, convened by telephone because courthouses have been closed, U.S. District Judge Kimberly J. Mueller ordered the creation of a task force of inmate lawyers, CDCR officials and others to discuss how to address the rapidly evolving crisis.

The task force is to report back to the judge by next Friday.

Michael Bien, lead attorney for inmates requiring mental health care under the landmark Coleman case, said the issue is a “crisis.”

“The staff and the prisoners are all in a dangerous situation and CDCR needs to address the crisis,” Bien said. “I call it like a cruise ship without staterooms, and with a staff that goes on and off three times a day.

“This is a situation that needs to be addressed.”

The state already has made a number of policy changes in how inmates are being handled. Documents filed in federal court in Sacramento show all inmates received by the system are asked if they have a cough, a fever or difficulty breathing and have their temperature taken.

Any inmates who answer yes or have a temperature above 100.4 degrees Fahrenheit are isolated. All others who answer no to the questions are quarantined for 14 days.

Sacramento and Fresno County Jails Closed to Social Visits

The Sacramento and Fresno county jails have both now suspended social visits.  

COVID-19 Closes EDCA Courthouses to Public

Although not yet on the EDCA's website, the Court issued today General Order 612 closing EDCA courthouses to the public.  The court is open only to those with official court business.  The Court will attempt to hold all necessary hearings by telephone or videoconference.  

EDCA Court Suspends New Jury Trials Until May 1

Per General Order 611, the EDCA Court today has suspended new jury trials until at least May 1, 2020.  Courthouses otherwise will remain open.  Word is to expect further courthouse restrictions soon in light of more stringent NDCA restrictions in NDCA General Orders 72 & 73.

Sacramento Attorney Stuck on Cruise Ship Off Chilean Coast

For Sacramento attorney Bill Portanova, the cruise seemed like the trip of a lifetime, steaming around Antarctica and the Falkland Islands for weeks with his wife, Shauna.

Then, the coronavirus pandemic blew up, and Portanova found himself stuck aboard the M.S. Roald Amundsen off the coast of Chile, where official actions to stem coronavirus evidently include not allowing any cruise ships to dock before September.

“I’m trapped,” Portanova said by cell phone Monday morning as he gazed out at the Chilean coastline near Punta Arenas, where the ship had been scheduled to dock.

“The president of Chile said no more cruise ships until Sept. 30,” Portanova said. “Our captain and the company have been trying to negotiate something for a number of days.

Sac Bee, 3/16/20.

EDCA COVID-19 Update

As of noon today, no official changes to EDCA Covid-19 policy since General Order 610 was issued last week.  See my 3/12 post.  But that could change at any time.  The Supreme Court has suspended oral arguments.  The Central District of California has stopped calling in jurors until at least April 13.  In one of my Northern District cases, the judge issued a scheduling notice that "defense counsel may request postponement or waiver of appearance with the defendant's consent."  I'm also hearing that some judges here are informally suggesting that the parties may want to stipulate to postpone hearings to minimize virus impacts.   And the Federal Defender's Office is going to largely work-at-home mode.  Finally, the Bureau of Prisons is asking for later, and extensions of, self-surrender dates.

I expect more formal EDCA restrictions to help minimize the effects of COVID-19 soon.  

EDCA Court Denies Trump's Request to Stop California's Cap-and-Trade Agreement with Quebec

A federal judge on Thursday denied the Trump administration’s bid to erase a cap-and-trade agreement between California and the Canadian province of Quebec, finding the deal is voluntary and far from a treaty.

Earlier this week, the federal government argued in court the lucrative carbon trading system interferes with President Donald Trump’s ability to conduct foreign policy on greenhouse gas emissions and other environmental deals. In its lawsuit, the Trump administration accused California of trying to set its own foreign policy by arranging the nonbinding deal with Quebec.

“There is no ‘mutual government’ or ‘cession of sovereignty’ representative of a treaty,” U.S. District Judge William Shubb reacted in a 33-page ruling Thursday.

Courthouse News, 3/12/20

New EDCA Court COVID-19 Restrictions

The Eastern District of California's website added new restrictions today to help ensure the safety of courthouse staff and visitors in all EDCA courthouses:

Effective immediately, pursuant to General Order 610, in an attempt to ensure the safety of courthouse staff and visitors, the following persons shall not enter any courthouse in the Eastern District of California:

• Persons who have traveled to any of the following countries within the last 14 days:
          CHINA         SOUTH KOREA         JAPAN         ITALY         IRAN 
          (This list may be updated as further guidance is received.)

• Persons who reside or have had close contact with someone who has traveled to one of the countries listed above within the last 14 days;

• Persons who have been asked to self-quarantine by any doctor, hospital or health agency;

• Persons who have been diagnosed with, or have had contact with, anyone who has been diagnosed with COVID-19 in the last 14 days;

• Persons with fever, cough or shortness of breath.

If you have a scheduled appointment or you are otherwise required to appear at one of the courthouses in the Eastern District of California, and you are unable to appear because of the restrictions in General Order 610, please CLICK HERE.

Any future changes or updates will be posted on this website.

Information Regarding COVID-19 and Courthouse Operations