CLARKSVILLE, Tenn. (CLARKSVILLENOW)- The Tennessee Supreme Court  issued an order on Thursday, March 13, stating all Tennessee courts will remain open during the coronavirus (COVID-19) outbreak, but all in-person judicial proceedings will be suspended through March 31, 2020.

Chief Justice Jeff Bivins declared a state of emergency for the judicial branch, which follows Governor Bill Lee’s Executive Order and declaration of a state of emergency on March 12, 2020. The Order applies to state and local Tennessee courts, including appellate, trial, general sessions, juvenile, and municipal courts.

“Each day across the State of Tennessee, thousands of people attend court proceedings in-person when they come to the courthouse as jurors, witnesses, litigants, or in another capacity. Public spaces in courthouses tend to be small, tightly packed bench seats that provide the type of situations public health officials have encouraged people to avoid during the COVID-19 outbreak,” said Chief Justice Jeff Bivins. “However, judges, court clerks, and others provide essential constitutional functions that must be carried on. In issuing this Order, the Court struck a balance in limiting the public’s exposure to the virus with continuing essential court functions judges must provide to ensure the administration of justice.”

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, are suspended from the close of business on Friday, March 13, 2020 through Tuesday, March 31, 2020.

Exception include:

  • Proceedings necessary to protect constitutional rights of criminal defendants, including bond-related matters and plea agreements for incarcerated individuals ·
  • Civil and criminal jury trials that are in progress as of March 13, 2020 ·
  • Proceedings related to relief from abuse, including but not limited to orders of protection ·
  • Proceedings related to emergency child custody orders ·
  • Department of Children’s Services emergency matters related to child protection ·
  • 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

According to the order, the presiding judge  of each judicial district is authorized to determine the manner in which in-person court proceedings  are to be conducted.  Any permitted in-court proceedings shall be limited to attorneys, parties, witnesses, security officers, and other necessary persons, as determined by the trial judge, according to the order.

Court clerks are charged with ensuring that court functions continue.

All judges and court clerks are urged to limit in-person courtroom contact as much as possible by utilizing available technologies, including alternative means of filing, teleconferencing, email, and video conferencing.

If it becomes necessary to close judges’ offices or court clerks’ offices during the period of suspension, these offices shall remain accessible by telephone and email to the extent possible during their regular business hours.

If available, drop boxes should be used for conventionally filed documents.

The order expressly does not prohibit court proceedings by telephone, video, teleconferencing, email, or other means that do not involve in-person contact. The order does not affect courts’ consideration of matters that can be resolved without in-person proceedings.

Specific information on how local court business at the Montgomery County Court Complex will proceed will be released at a later date.

Face-to-Face jail visitation

The Montgomery County Jail released a message Thursday explaining they are no longer able to support face to face attorney visits.

“We have a considerable responsibility to safeguard those in our custody, therefore must ensure that a process is in place that is being followed by any visitors,” the message said.

Going forward, attorneys,  social workers, etc. must send an email to jlharris@mcgtn.net requesting an appointment.

These requests should be sent at least 24 hours in advance, if at all possible.

Visits requested during normal business hours (approx. 9:00 AM to 3:00 PM) stand a better chance of being approved, as visits in the late afternoon/evening hours are more challenging to support.

Additionally, all visitors must bear in mind that “last minute” reservations may not necessarily be able to be supported.