Orange County central court partially reopens, causing ‘havoc’ over coronavirus, D.A. says

Orange County Superior Court officials caused a panic today among defense attorneys by ordering them to appear in court for criminal proceedings despite state and local anti-gathering precautions to stave off the coronavirus.

After closing all four county courthouses for two weeks on Monday, officials reopened five courtrooms at the central courthouse in Santa Ana to handle time-sensitive proceedings, such as arraignments.

District Attorney Todd Spitzer said the court is concerned about preserving the civil rights of those accused. He said it was a worthy concern, but the courts also need to keep attorneys and other workers safe from the spread of COVID-19.

“You can’t have it both ways…It is completely unacceptable to me what is happening,” said Spitzer, who personally monitored one of the open courtrooms. “It is complete havoc, there is no social distancing…We should not be in this position.”

He said he will work with the public defender’s office to delay proceedings because of the global pandemic.

Deputy Public Defender Lawrence Volk, who appeared in court this morning, also remarked, “It didn’t look like a court closure to me.”

Defense attorney Joseph P. Smith said as he was leaving the courthouse today that he thought operations went smoothly.

“I’m pretty proud of how everybody has come together…they are doing a good job of it,” Smith said. “This is unprecedented.”

In a written statement, court officials announced that public defenders with misdemeanor pre-trial hearings set for March 20 must appear in their assigned courts. Clients do not have to appear if they give their attorneys written notice.

Branch courts will remain closed, but each will get a courtroom at the central jail to handle essential hearings, including items on calendar for March 19 through March 27.

Essential hearings include misdemeanor hearings with no future date, felony hearings with no future date, criminal preliminary hearings and criminal jury trials.

The court is strongly encouraging defendants to authorize their attorneys to appear on their behalf. Also attorneys are encouraged to appear by video and/or telephone.

“The court believes this will allow us to comply with COVID-19 safety precautions and prevent the spread of the virus within our community while addressing emergency and essential matters,” court officials said in a written statement.