CHARLESTON, W.Va. — Justice John Hutchison of the West Virginia Supreme Court says it has been a fine line trying to balance having the basic rights of the court system in place and people’s health during a global pandemic.
Hutchison appeared on Friday morning’s 580-LIVE on 580-WCHS and said the courts need to remain open as much as possible.
“The problem that you have, even in a crisis that you have right now, criminals don’t stop being criminals, domestic violence doesn’t stop, child abuse doesn’t stop, and all those things are emergency kind of things that have to be dealt with. It requires personal involvement,” he said.
Hutchison’s appearance on the show comes on the heels of a fourth Kanawha Judicial Annex employee testing positive for COVID-19 and numbers around the state rising.
He said Magistrate Court in Kanawha is now at City Center East in Kanawha City.
“We have remote sites for a magistrate on duty most of the day to handle paperwork kind of items. People have to actually sign paperwork on forms,” he said.
Hutchison said statewide the IT folks of the Supreme Court are working to have everyone equipped for remote hearings including circuit judges and magistrates.
On Sunday evening, the state Supreme Court declared a judicial emergency until April 10 to all 55 West Virginia counties. Hutchison said the judges worked on the order for three hours before release and it indicates emergency proceedings to protect immediate health or safety may still be held, preferably by video conference or telephone.
Included in the order is all proceedings in the effective period are automatically stayed, to be rescheduled at a later date. Deadlines are also extended.
Hutchison said the courts will work with health officials for the next steps.
“We’re trying to deal as best as we can and keep the courts open because there is a constitutional right to have access to the courts. People have basic rights that we have to meet.
“And we’ve got to protect people. We have children, spouses, folks in the criminal process that all have rights.”