Montgomery County, Tenn. (CLARKSVILLENOW) – The Chief Justice of the Tennessee Supreme Court decision to suspend in-person proceedings in all state and local courts in Tennessee, including but not limited to municipal, juvenile, general sessions, trial, and appellate courts, through March 31, 2020 has been extended through April 30, 2020.

On March 13, Chief Justice Jeff Bivins declared a state of emergency for the judicial branch, and the Tennessee Supreme Court issued an Order Suspending In-Person Court Proceedings until March 31. Today’s Order extends the March 13 Order to April 30 and makes several clarifications and key additions.

To clarify, local and state courts of the State of Tennessee are open and will remain open subject to the provisions of Continuity of Operations Plan for the courts of Tennessee. See Tenn. Const. Art. VI, § 1; Tenn. Code Ann. §§ 16-3-501 to 16-3-504 (2009); Moore-Pennoyer v. State, 515 S.W.3d 271, 276-77 (Tenn. 2017); Tenn. Sup. Ct. R. 49.

Under these provisions, all in-person proceedings in all state and local courts in Tennessee, including but not limited to municipal, juvenile, general sessions, trial, and appellate courts, shall be suspended through April 30, 2020, subject to the exceptions below.

Exceptions to the suspension of in-person court proceedings include, but are not limited to:

  • Proceedings necessary to protect constitutional rights of criminal defendants, including bond-related matters, preliminary hearings for incarcerated individuals, and plea agreements for incarcerated individuals
  • Proceedings related to relief from abuse, including but not limited to orders of protection
  • Proceedings related to statutory order of protection hearings after entry of an ex parte order as necessary to satisfy any due process concerns
  • Proceedings related to emergency child custody or visitation orders
  • Proceedings related to the voluntary surrender of parental rights
  • Settlements involving a minor or a person with a disability
  • Department of Children’s Services emergency matters related to child safety, placement, permanency, or federal funding for children in foster care
  • Proceedings related to petitions for temporary injunctive relief
  • Proceedings related to emergency mental health orders
  • Proceedings related to emergency protection of elderly or vulnerable persons
  • Proceedings directly related to the COVID-19 public health emergency
  • Other exceptions as approved by the Chief Justice

The presiding judge or designee of the presiding judge of each judicial district is authorized to determine how in-person court proceedings for the exceptions listed above are to be conducted.

Additionally, the order also instructs judges not to take action to move forward cases involving eviction, ejectment, or displacement except in exceptional circumstances; includes alternatives for notarizing documents; slightly modifies the list of exceptions to the suspension of in-person hearings; and clarifies that courthouses in Tennessee should remain open for essential hearings and filings, even if some entrances are closed or an appointment must be made to enter.

The order also directs the presiding judge in each judicial district to submit a plan for a reduction in the local jail population. Judges had previously been directed to work with local law enforcement, prosecutors, and public defenders to review their local jail populations and make reductions when possible.

“Reduction in local jail populations is a critical component in controlling the spread of COVID-19,” Chief Justice Bivins said. “There are low-risk, non-violent offenders who can safely be released and supervised by other means to reduce local jail populations. Judges, law enforcement, and attorneys must work together to identify and create an action plan to address this issue.”

Deadlines set forth in court rules, statutes, ordinances, administrative rules, or otherwise set to expire between March 13 to May 5, 2020 are extended through May 6, 2020.  Statutes of limitations and statutes of repose set to expire between March 13 to May 5, 2020 are extended through May 6, 2020. Orders of protection and temporary injunctions set to expire between March 13 to May 5, 2020 are extended through May 6, 2020.

The order is intended to be interpreted broadly for protection of the public from risks associated with COVID-19.

Clarksville City Court also remains open to answer questions and reset court dates. The traffic schools have been canceled until further notice, but court dates will be extended upon request of people who wish to attend traffic school. Reach the court at  931-648-4604 or by email at ernie.griffith@cityofclarksville.com.

Read the full Tennessee Supreme Court Order here. For more information about the current modified services offered the Montgomery County Government Court System, visit the Montgomery County Government web site. You can also find information related to COVID-19 at the county web site.