Extension of Interim Administrative Order of December 27, 2021 Restricting Statewide Judiciary Operations in Light of the Omicron Variant of the Covid-19 Emergency

IN THE COURT OF APPEALS OF MARYLAND

EXTENSION OF INTERIM ADMINISTRATIVE ORDER OF DECEMBER 27, 2021

RESTRICTING STATEWIDE JUDICIARY OPERATIONS

IN LIGHT OF THE OMICRON VARIANT OF THE COVID-19 EMERGENCY

WHEREAS, Pursuant to the Maryland Constitution, Article IV, § 18, the Chief Judge of the Court of Appeals is granted authority as the administrative head of the Judicial Branch of the State; and

WHEREAS, Chapter 1000 of Title 16 of the Maryland Rules of Practice and Procedure sets forth the emergency powers of the Chief Judge of the Court of Appeals; and

WHEREAS, Due to the outbreak of the novel coronavirus, COVID-19, and consistent with guidance issued by the Centers for Disease Control and Prevention (CDC) and the Maryland Department of Health (MDH), an emergency exists for which measures continue to be required to mitigate potential for exposure to individuals visiting a court or judicial facility and judicial personnel; and

WHEREAS, The administration of justice necessarily has been affected by the pandemic and will continue to require the professionalism, courtesy, and cooperation of the members of the bench and the bar in navigating the changes to practices and procedures; and

WHEREAS, Remote proceedings have proved to be useful and effective in facilitating the courts’ performance of core functions during the COVID-19 emergency and will continue to be necessary; and

WHEREAS, The rapid emergence of the Omicron variant during the COVID-19 emergency requires the Judiciary to restrict operations for a limited period in order provide essential functions, while employing appropriate safety measures and monitoring local health conditions to continue to support the health and safety of Maryland residents and Judiciary personnel; and

WHEREAS, The Amended Administrative Order on the Progressive Resumption of Full Function of Judiciary Operations Previously Restricted Due to the COVID-19 Emergency, filed June 3, 2020, provided for five phases of a progressive return to operations, and these phases shall be utilized should a change in the level of operations be necessary during the remainder of the COVID-19 emergency; and

WHEREAS, Although vaccination efforts have made significant progress and infection rates had previously fallen, the emergence of the highly contagious Delta variant and now the substantially more contagious Omicron variant and the attendant risk posed to those who are vaccinated and those who have not completed the vaccination process requires a limited extension of the return to a more restrictive Phase of emergency operations,

NOW, THEREFORE, I, Joseph M. Getty, Chief Judge of the Court of Appeals and administrative head of the Judicial Branch, pursuant to the authority conferred by Article IV, § 18 of the Maryland Constitution, do hereby order this 14th day of January 2022, the extension through March 6, 2022, of the Interim Administrative Order of December 27, 2021 Restricting Statewide Judiciary Operations in Light of the Omicron Variant of the COVID-19 Emergency (Interim Order of December 27, 2021) filed December 27, 2021, as follows:

Due to the emergence of the highly contagious Omicron variant, the Judicial branch reverted, on an interim basis from December 29, 2021, through February 8, 2020, and is hereby extended through March 6, 2022, pending further order, to Phase III emergency operations as described in the Exhibit appended to this Administrative Order, except as follows:

More flexible work arrangements for certain employees, having previously been permitted from December 29, 2022 through March 6, 2022, subject to direction by the Human Resources Department of the Administrative Office of the Courts may be extended through March 6, 2022; and
Courts seeking to stagger personnel reporting in person temporarily during Phase III operations shall do so consistent with the guidance provided by the Administrative Office of the Courts’ Human Resources Department; and

Pending further order of the Chief Judge of the Court of Appeals, the courts are authorized and may conduct remote proceedings to the greatest extent possible during the health emergency, using communication platforms consistent with the Administrative Order on the Implementation of Remote Electronic Participation in Judicial Proceedings, filed June 18, 2018, and the Amended Administrative Order on Remote Proceedings Held During the COVID-19 Emergency, filed May 1, 2020, and the relevant Maryland Rules, including amendments that took effect on July 1, 2020; and
Jury trials that had already commenced as of December 27, 2021 were directed by the Interim Order of December 27, 2021, to proceed to conclusion; and
Jury trials are authorized to commence on March 7, 2022, and thereafter, pending further order of the Court; and
Jury trials scheduled to commence between December 29, 2021, through March 4, 2022, shall be rescheduled in accordance with the dates established by the Fourth Amended Administrative Order on Lifting the Statewide Suspension of Jury Trials and Maintaining Grand Juries, filed August 6, 2021; and

Statutory and rules deadlines related to the adjudication of pending criminal matters that are rescheduled pursuant to this order shall not count against the time remaining for the start of a criminal jury trial. The resumption date of criminal jury trials further shall serve as the resumption date for days to be counted toward any adjusted deadline for the start of any trial pursuant to Section 6-103 of the Criminal Procedure Article and Rule 4-271(a)(1), commonly known as the Hicks There further shall be an additional tolling of thirty days from the time that jury trials resume on March 7, 2022 to allow the Circuit Courts to conduct status hearings and reschedule jury trials as appropriate; and
For all criminal cases that were pending or initiated on December 29, 2021, through March 6, 2022, the deadline to conduct preliminary hearings in the District Court pursuant to Maryland Rule 4-221(b) is extended to March 7, 2022, pending further Order; and
Consistent with the Exhibit attached to this Order, any other matters that can be scheduled, heard, or resolved are encouraged to be taken up by the Circuit Courts, except jury trials, and the District Court of Maryland; and
The February 2022 Uniform Bar Examination in Maryland, scheduled to be administered from February 22 to 25, 2022 as an in-person, paper-based exam, is exempted from the provisions of this Administrative Order. The February 2022 UBE in Maryland shall proceed in person as scheduled following the vaccination and testing requirements established by this Court’s October 29, 2021 Administrative Order on Limitation on Applications and COVID-19 Vaccination/Testing Requirements for Applicants for the February 2022 Uniform Bar Examination in Maryland and such further COVID-19 protocols as the State Board of Law Examiners implements pursuant to paragraph (k) of that Order; and
All extant Administrative Orders on the COVID-19 Emergency shall remain in effect, except that to the extent that this Administrative Order conflicts with extant Administrative Orders, local administrative orders or policies, or the Exhibit extract appended to this Order, this Administrative Order shall prevail; and

This Administrative Order will be revised as circumstances warrant; and

The Interim Administrative Order of December 27, 2021 Restricting Statewide Judiciary Operations in Light of the Omicron Variant of the COVID-19 Emergency, filed December 27, 2021, shall be and hereby is rescinded, effective immediately,

/s/ Joseph M. Getty
Joseph M. Getty
Chief Judge
Court of Appeals of Maryland

Filed: January 14, 2022

/s/ Suzanne C. Johnson
Suzanne C. Johnson
Clerk
Court of Appeals of Maryland

2022-01-14
08:38-05:00

EXHIBIT TO THE INTERIM ADMINISTRATIVE ORDER OF DECEMBER 27, 2021

RESTRICTING STATEWIDE JUDICIARY OPERATIONS

IN LIGHT OF THE OMICRON VARIANT OF THE COVID-19 EMERGENCY

PHASE III

This exhibit to the Interim Administrative Order of December 27, 2021 Restricting Statewide Judiciary Operations in Light of the Omicron Variant of the COVID-19 Emergency, incorporates Phase I, Phase II, and Phase III from the extant order entitled In the Court of Appeals of Maryland Third Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency, filed August 6, 2021. To the extent that matters may be handled remotely, courts are encouraged to do so. The court shall notify all participants necessary to the proceeding.

Courts will hear a range of matters, including certain criminal trials in the District Court and the Circuit Courts, with limited in-person services to be offered as determined by the administrative judge and posted electronically and in the court facility.

PHASE III: COURT OF APPEALS

Fully operational. The Chief Judge may determine whether to hold proceedings in person or remotely. All matters related to the Court of Appeals’ regulatory authority over the practice of law and judicial conduct. Approval and promulgation of the rules of practice and procedure in the Maryland state courts.

PHASE III: COURT OF SPECIAL APPEALS

Fully operational. The Chief Judge may determine whether to hold proceedings in person or remotely.

PHASE III: CIRCUIT COURTS