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MONTEREY COUNTY SUPERIOR COURT JUDICIAL COUNSEL EXTENDS EMERGENCY RELIEF MEASURES

THE JUDICIAL COUNCIL OF THE STATE OF CALIFORNIA


Because of the COVID-19 pandemic, leading to health and safety concerns resulting in substantial operational impediments, and the proclamations of states of emergency by federal, state, and local officials, it was determined that the conditions described in Government Code section 68115(a) were met with regard to the Superior Court of Monterey County (Court) as of March 18, 2020, and that those conditions continued to exist as of April 2, 2020. Pursuant to the requests of Presiding Judge Julie R. Culver, orders issued on those dates authorizing the Court to implement certain relief authorized by Government Code section 68115(a). Upon a second renewed request of Presiding Judge Culver, it is determined that the conditions described in Government Code section 68115(a) continue to exist (Gov. Code, § 68115(b)), and it is ordered that the Court is authorized to do the following:


  • Declare that from May 2, 2020, through May 29, 2020, inclusive, be deemed holidays for purposes of computing the time for filing papers with the Court under Code of Civil Procedure sections 12 and 12a, if the above-described emergency conditions substantially interfere with the public’s ability to file papers in a Court facility on those dates (Gov. Code, § 68115(a)(4));

  • Declare that from May 2, 2020, through May 29, 2020, inclusive, be deemed holidays for purposes of computing time under Welfare and Institutions Code sections 313, 315, 334, 631, 632, 637, and 657, if the above-described emergency conditions prevent the Court from conducting proceedings or accepting filings as necessary to satisfy these deadlines on those dates (Gov. Code, § 68115(a)(5));

  • Extend the time period provided in section 313 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be released from custody to not more than seven (7) days. (Gov. Code, § 68115(a)(11).) This applies only to minors for whom the statutory deadline otherwise would expire from May 2, 2020, through May 29, 2020, inclusive;

  • Extend the time period provided in section 315 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be given a detention hearing to not more than seven (7) days. (Gov. Code, § 68115(a)(11).) This applies only to minors for whom the statutory deadline otherwise would expire from May 2, 2020, through May 29, 2020, inclusive;

  • Extend the time periods provided in sections 632 and 637 of the Welfare and Institutions Code within which a minor taken into custody pending wardship proceedings and charged with a felony offense must be given a detention hearing or rehearing to not more than seven (7) days. (Gov. Code, § 68115(a)(11).) This applies only to minors for whom the statutory deadline otherwise would expire from May 2, 2020, through May 29, 2020, inclusive;

  • Extend the time period provided in section 334 of the Welfare and Institutions Code within which a hearing on a juvenile dependency petition must be held by not more than fifteen (15) days. (Gov. Code, § 68115(a)(12).) This applies only to minors for whom the statutory deadline otherwise would expire from May 2, 2020, through May 29, 2020, inclusive;

  • Extend the time period provided in section 657 of the Welfare and Institutions Code within which a hearing on a wardship petition for a minor charged with a felony offense must be held by not more than fifteen (15) days. (Gov. Code, § 68115(a)(12).) This applies only to minors for whom the statutory deadline otherwise would expire from May 2, 2020, through May 29, 2020, inclusive.


View the full order here.

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