Changed Lives

Changed Lives

Court operations during a public health emergency By Judge Gerald A. Williams North Valley Justice Court C OVID-19 obviously changed how we lived our daily lives. Gatherings and travel have been restricted. So why have the courts tried to stay open? It is a fair question.

When people think of an essential public service, the judicial branch many not immediately come to mind. However, a fair amount of order in society is oft en determined inside a courtroom.

People who perform services and who sell goods deserve to be paid. In fact, the entire American economic system is dependent upon contracts being honored. If one party breaches that contract, then there must be a remedy.

Convicted criminals should be held accountable for their misconduct. But how do you maintain due process, allow someone to confront their accuser and still maintain social distancing? Is it constitutional to conduct a criminal trial with a key witness testifying over the phone?

In Arizona, one of the fi rst things that the chief justice did was issue an order stating that many of the time standards associated with procedural rules no longer applied. However, his order did not relax any timeliness standards for people who had been arrested for domestic violence cases or for temporary child custody proceedings.

As life became more complicated, additional orders from additional levels of the court system were issued. Access to courthouses was severely restricted. Litigants and people who had received traffi c tickets were encouraged to appear by phone or to contact the court through e-mail. Even with reduced staff s, courts stayed open.

At the justice court level, while every case is important, resources were directed to hear cases involving orders of protection, injunctions against harassment, in-custody defendants appearing by video, and people who have an active warrant for their arrest. Tenants facing possible eviction were allowed to appear for their court date by phone.

Aft er 5 p.m., we also continued performing increasingly smaller weddings. While weddings are a discretionary judicial function, they are an important public service, especially during a time when churches and other houses of worship have been asked to close. In addition, the Northwest Regional Court Center is located near Luke Air Force Base and frequently receives requests for weddings from military members, which we have always performed free of charge.

The North Valley Justice Court

The North Valley Justice Court was accidently ahead of some courts because we had been allowing attorneys and self-represented litigants to appear by telephone for certain types of cases for years. This was especially true for civil pretrial conferences, default hearings, garnishment hearings and some criminal pre-trial conferences.

Why? Our court’s jurisdiction includes Anthem and Desert Hills, but our courthouse is located in Surprise. It just always seemed inappropriate to make people drive an hour for a court appearance that is going to last less than 15 minutes. A person’s time is valuable. It also might help our air be a little cleaner.

Even with a reduced staff, we tried to do everything possible over the phone or through e-mail. The goal was always to keep cases moving, but our focus was on safety.

In uncertain times, work with people you trust! We live here and care about our 85085 neighbors, your home values, and supporting our local businesses.

85085 Residents

Joshua Heape, Sales Manager Mortgage Loan Originator | NMLS #259201 O: 604-384-2339 | C: 602-330-6446 | jheape@canopymortgage.com

Canopy Mortgage 18444 North 25th Ave Suite 420-527, Phoenix, AZ 85023

Shelley Sakala, Realtor 602-421-2324 shelley@thesakalagroup.com