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Standing Order 2020-02 Regarding Municipal Court OperationsMUNICIPAL COURT, CITY OF BOULDER, COLORADO STANDING ORDER 2020-02 SUBJECT: Boulder Municipal Court Response to COVID-19 To: Court Administrator, Boulder Municipal Court Judges, Boulder Municipal Court Probation Services, Captain of the Jail, Boulder Police Department, CU Police Department, City Prosecutor’s office, Legal Aid and Defender Program From: Linda P. Cooke Date: March 24, 2020 Presiding Judge, Boulder Municipal Court The widespread emergence of the COVID-19 virus creates significant public health risks. In response, numerous advisories and orders have been issued by the Center for Disease Control, the Colorado Department of Public Health and Environment, and Boulder County Public Health. These entities recommend taking active steps to slow the spread of the disease, as well as precautions to reduce the risk of exposure. In addition, the City Manager has issued Emergency Order 2020-6, a “Stay at Home” order, that becomes effective March 24, 2020 at 5:00 p.m.; and earlier today Governor Polis issued a document titled “Guidance to Counties, Municipalities, Law Enforcement Agencies, and Detention Centers.” Therefore, effective immediately, the Boulder Municipal Court is incorporating the City of Boulder’s mandate closing city facilities, and making additional orders appropriate to the context of court operations. The authority for this order lies in the State of Emergency declarations by the President of the United States, the Governor of the State of Colorado, and the City Manager for the City of Boulder, as well as in Boulder Revised Code section 2-2.5-9(a)(1) Roles of the Municipal Court, City Attorney and Director of the Office of Emergency Management During a Declared Disaster Emergency, which provides as follows: During and after a declared disaster emergency . . . [t]he municipal court shall have authority to issue appropriate and special orders pertaining to court procedures, location of hearings, and time frames within which judicial proceedings are held, so long as such orders are in compliance with the United States Constitution and the Constitution of the State of Colorado; and Boulder Revised Code section 2- 2.5-11(e) Location and Special Procedures for Governing Body Meetings and Departments, which provides as follows: To the extent that is consistent with the United States and Colorado constitutions, any time requirement, deadline, procedure, scheduled hearing, or other event in the municipal court may, upon a finding of good cause, be waived, altered, or rescheduled by the presiding municipal court judge during a declared disaster emergency. Pursuant to these authorities, it is hereby ordered as follows: 1. The Boulder Municipal Court is ordered closed to the public until further notice. 2. The main source of communication with the public shall be through the Court’s website, https://bouldercolorado.gov/municipal-court. 3. All court cases are rescheduled as reflected on the court’s website. Information will be updated there as the need arises. 4. In-custody defendants will have their cases addressed by video on Mondays, Wednesdays and Fridays at approximately 11:30 a.m. as needed. 5. Speedy trial will be tolled on all cases in which a “not guilty” plea has already been entered and a trial has already been scheduled, and will recommence upon order of the court. 6. All time limits for other types of cases, including, but not limited to, vehicle impound hearings, animal hearings, and quasi-judicial hearings are suspended until further order of the court. 7. If possible, emergency matters, such as animal impound hearings where the animal is in the custody of the Humane Society of Boulder Valley, will be conducted by video. Otherwise, they will be conducted by phone. 8. To the extent possible, all traffic classes, substance use treatment, and CURJ may be completed online. If the Community Living Class (CLC) becomes available online, that may also be completed in this manner. Original deadlines for completion remain in effect, unless the court date for completion has been rescheduled to a new date, or an extension of time has been requested and granted by the court. 9. Many cases may be resolved without a court appearance, or by court by phone with a judge. Details for specific cases are provided on the court website. 10. The court will take judicial notice of the registry of actions, other FullCourt computer entries and documents, and any other available information to establish the identification of the defendant as the individual who sent or received communication from the Court regarding any action taken on the case. _____________________________________ Hon. Linda P. Cooke Presiding Judge Boulder Municipal Court