On Monday, the Judicial Council approved 11 temporary emergency rules for courts statewide that included a $0 statewide bail for misdemeanors and lower-level felonies during the COVID-19 pandemic to “safely reduce jail populations.”
“We are in uncharted territory in many aspects of our everyday lives. The COVID-19 virus has impacted every institution including the courts in how business is conducted in order to enforce social distancing and protect and safe lives,” Lake County District Attorney Susan Krones said in response to the changes.
Lt. Corey Paulich of the Lake County Sheriff’s Office said neither Sheriff Brian Martin nor any county representatives had requested the changes.
“The sheriff is obligated to follow rules and laws set forth by the state, therefore, the sheriff’s office will be working with the Lake County Superior Court and the District Attorney’s Office to comply with this rule,” Paulich said.
At its Monday meeting, the Judicial Council also took action to stay eviction and foreclosure proceedings; allow courts to require judicial proceedings and court operations be conducted remotely, with the defendant’s consent in criminal proceedings; allow defendants to appear via counsel or remote technologies for pretrial criminal hearings; prioritize hearings and orders in juvenile justice proceedings and set a structure for remote hearings and continuances; extend the timeframes for specified temporary restraining orders; extend the statutes of limitations governing civil actions; and allow electronic depositions in civil cases.
Officials said it was the second emergency council meeting of court and branch leaders from around the state to consider further measures to ensure California courts can provide due process and access to justice while following stringent health directions to protect against COVID-19.
Courts remain open as "essential services" under Gov. Gavin Newsom's stay-home executive order.
The Lake County Superior Court had an initial closure that went into effect on March 18, later announcing limited operations through May 1, as Lake County News has reported.
“We are at this point truly with no guidance in history, law or precedent,” said Chief Justice Tani Cantil-Sakauye, chair of the council. “And to say that there is no playbook is a gross understatement of the situation.”
Cantil-Sakauye said that the council listened to suggestions from justice system partners, the public and the courts in developing the rules it enacted this week.
“Working with our court stakeholders, I’m confident we can preserve the rule of law and protect the rights of victims, the accused, litigants, families and children, and all who seek justice. It’s truly a team effort,” she said.
New bail rule being rolled out locally
The emergency rule to reduce jail populations established a mandatory statewide bail schedule effective no later than 5 p.m. Monday, April 13. The application of the revised bail schedule is mandatory for every superior court in the state.
The new bail schedule sets bail at $0 for all misdemeanors and felony offenses, with certain exceptions.
Chief among the exceptions are serious felonies as defined in Penal Code section 1192.7(c) and Penal Code section 667.5(c), including murder, rape, kidnapping, carjacking and numerous other serious crimes.
Also exempted from the $0 bail rule include felony and misdemeanor domestic violence, violations of domestic violence protective orders, registerable sex offense violations, possession of a firearm by a felon, felony looting, felony criminal threats and driving under the influence.
That new bail schedule applies to all accused persons held in pretrial custody and will stay in effect until 90 days after the governor declares that the state of emergency is lifted, Krones said.
Krones said the emergency bail schedule doesn’t restrict the ability of the court to deny bail under the California State Constitution Article I, section 12 or 28(f) (3).
Those portions of the State Constitution allow superior court judges to take into consideration the protection of the public, the safety of the victim, the seriousness of the offense, the defendant’s previous criminal record and the probability of the defendant’s appearance at trial or hearing of the case when setting, reducing or denying bail, Krones said.
“Due to this new emergency bail schedule, I expect that a number of pretrial inmates will be released from the Lake County Jail. Any of these released inmates will be given new court dates to appear and if they fail to appear without good cause we will be filing new charges for that failure to appear,” she said.
At the Lake County Jail, where beginning last month they had stopped booking all but felonies and several serious misdemeanor charges, on Thursday the sheriff’s office initially had estimated as many as 24 pretrial inmates could be released as a result of the new rules.
By day’s end, however, Paulich reported that only six inmates were eligible for the $0 bail, three of whom had posted bail already. That left three to be released on Thursday, bringing the jail population to below 190. The jail is licensed for 286 inmates, according to previous reports from Sheriff Martin.
Once the order is lifted, Krones said her office will request bail revert back to the previous amount in appropriate cases.
She assured Lake County residents that, “as your district attorney, I will do everything I can to protect our community in these difficult times.”
Asked if she has seen anything comparable in her career, Krones told Lake County News, “I can honestly say I have never had to deal with anything like this before and I was in the Army.”
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
20-141 Emergency Rules-Complete Rule Set (as Adopted April 6 2020) by LakeCoNews on Scribd