Kemp, Duncan, Ralston announce plans to extend Public Health State of Emergency

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Atlanta, GA – Today Governor Brian P. Kemp, Lt. Governor Geoff Duncan, and House Speaker David Ralston announced plans to extend Georgia’s public health state of emergency through May 13, 2020, to mitigate the spread of COVID-19. Under state law, the Governor may renew the public health state of emergency, which was otherwise set to expire on April 13, 2020. Lt. Governor Duncan and Speaker Ralston agree it is necessary for the public health emergency to be renewed and will not be requesting a special legislative session, which was tentatively scheduled for April 15, 2020.

“To ensure the health and well-being of Georgians, I will extend the public health state of emergency through May 13, 2020. This measure will allow us to continue to deploy resources to communities in need, lend support to frontline medical providers, and keep preparing as we brace for potential patient surge in our healthcare facilities. We deeply appreciate the hard work of Georgians who are sheltering in place, using social distancing, and helping us flatten the curve. We are in this fight together,” said Governor Kemp. “I appreciate Lt. Governor Duncan and Speaker Ralston continuing to work with us to ensure resources are available to proactively respond to the COVID-19 pandemic, and I thank them for their support of an extended emergency declaration. In these unprecedented times, we ask Georgians for their continued patience and prayers, especially for first responders, law enforcement, and the healthcare workers caring for the medically fragile. They are going above and beyond to keep us all safe, and we will never be able to repay them for their sacrifices.”

“We must continue our aggressive fight against COVID-19,” said Lt. Governor Duncan. “By extending the public health state of emergency, we can ensure Georgians have access to every available state resource during this crisis. Together, Speaker Ralston and I are working closely with Governor Kemp to do all we can to make sure we are meeting the needs of every Georgian. The General Assembly will continue to remain vigilant and available to assist our citizens in any way possible.”

“The entirety of our state government is working to protect the health and safety of our citizens, and I appreciate the work of our state personnel and first responders during this challenging time,” said Speaker David Ralston. “While we have difficult days ahead, we continue to coordinate with both local and federal partners in responding to needs as they arise. As Georgians, we will persevere and emerge stronger on the other side.”

Statewide Judicial Emergency extended through May 13

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Judicial Emergency

ATLANTA, Ga – Chief Justice Harold D. Melton issued an order today that extends the statewide judicial emergency until May 13, 2020. The Chief Justice first declared a judicial emergency on March 14 which was due to expire April 13.

While under a statewide judicial emergency, courts are ordered to remain open to deal with matters that are critical or “essential” to protect the “health, safety, and liberty of individuals.” As an example, essential court functions include such things as the issuance of search and arrest warrants and the granting of domestic abuse restraining orders. However, criminal trials and jury duty have been suspended statewide, and courts are urged to use teleconferencing and videoconferencing where feasible when conducting hearings or other court matters to avoid litigants, judges, and other persons from having to convene in the courthouse and risk exposure to COVID-19.

With today’s extension of the emergency, the order urges courts to avoid backlogs in nonessential matters where they can do so safely. “With regard to matters not deemed essential functions under the Statewide Judicial Emergency Order, courts and litigants are encouraged to proceed to the extent feasible and consistent with public health guidance, for example through the use of teleconferences and videoconferences, to reduce backlogs when the judicial emergency ends,” the order says.

“The threat of this virus is difficult for everyone,” Chief Justice Melton said. “Court personnel are no exception. We have to ensure that they can safely fulfill their mission.”

Chief Justice Melton said that mandating that only essential matters be addressed by the courts is a step toward protecting the safety of court personnel and the public. But Chief Justice Melton noted that with today’s order extending the judicial emergency, “I also want to encourage courts and counsel in nonessential matters to move those matters forward as much as possible and practicable to maintain the flow. We should do what we can safely do during this time to keep the courts’ backlog from growing too large.”

The order urges attorneys to remember their “obligations of professionalism.” Guidance on those obligations can be found in the Lawyer’s Creed and Aspirational Statement on Professionalism. (https://www.gabar.org/aboutthebar/lawrelatedorganizations/cjcp/lawyers-creed.cfm) In particular, attorneys are urged during this emergency to accommodate opposing counsel in either moving cases along or agreeing to continuances as appropriate.

The order states that the Chief Justice will give notice of the expected termination of the order “at least one week in advance to allow courts to plan the transition to fuller operations.”

See entire declaration here: CJ Melton_Extension_Order_signed_entered

The March 14 order states that courts “should remain open to address essential functions, and in particular courts should give priority to matters defined as those necessary to protect health, safety, and liberty of individuals.” The order lists the matters courts should prioritize, which including domestic abuse restraining orders, juvenile court delinquency detention hearings and emergency removal matters, mental health commitment hearings, and cases “where an immediate liberty or safety concern is present requiring the attention of the court as soon as the court is available.”

“Following Governor Kemp’s declaration today of a Public Health State of Emergency, I am directing the judicial branch of government to suspend all but essential court functions,” Chief Justice Melton said. “These critical matters will remain a priority in our courts.”

Criminal trials in which a jury already has been empaneled “shall continue to conclusion, unless good cause exists to suspend the trial or declare a mistrial,” the order states.

During the period of the order, which will terminate April 13 unless extended, the order suspends and grants relief from a number of judicial deadlines, such as the “time within which to issue a warrant” and the “time within which to hold a commitment hearing.”

The order states that, “To the extent court proceedings are held, they should be done in a manner to limit the risk of exposure, where possible, such as videoconferencing.”

Details about Kemp’s shelter in place order

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ATLANTA, Ga – Gov. Brian Kemp’s shelter in place order took effect on Friday, April 3 at 6 p.m. and will last until Monday, April 13, unless otherwise extended. The order came after Kemp reportedly just learned about asymptomatic transmission of COVID-19.

Under the shelter in place order, Kemp placed travel restrictions on residents except for “essential services,” “minimal basic operations,” and “critical infrastructure” workers.

Residents can only receive visitors that provide essential services – medical and supplies, end-of-life care, and items necessary for daily life. Visitors must maintain six feet of distance from residents. These directives will be strictly enforced in nursing homes and long-term care facilities.

Essential services include necessary provisions trips to stores and pharmacies, medical visits, emergency services, and outdoor exercise – six feet apart from others. Citizens are encouraged to use delivery and curbside services over in-store shopping.

Critical Infrastructure is identified by the U.S. Department of Homeland Security, such as home care, hospice, suppliers, legal services, health care, food banks, and non-profit mental health services. Local ordinances can’t impede these organizations.

Minimum Basic Operations include the bare necessities in order to maintain businesses as well as allow them to remain open under the order. Remote work and outside jobs like landscaping, agriculture, contractors, and delivery services are still possible under the order.

All Critical and Non-Critical Infrastructure businesses must implement the following mitigation measures:

  • Screen workers for sickness including fevers of 100.4 degrees Fahrenheit or more, cough, and shortness of breath.
  • Workers who exhibit symptoms must stay home.
  • Regular sanitation of business and place hand sanitation encouragement in visible areas.
  • Required employee handwashing or sanitation as appropriate places in business.
  • Provide protective equipment as available and appropriate.
  • Prohibit employee gatherings while at work.
  • Permit breaks to be taken outside, individual’s office desk, or where social distancing is possible.
  • Implement telework for all possible employees and hold all meetings virtually.
  • Stagger shifts.
  • Deliver intangibles remotely when possible.
  • Discourage workers from using other employees’ phones.
  • Prohibit handshakes.
  • Suspend use of PIN pads for entry, electronic signature capture, and any other credit card receipt signature requirements.
  • Enforce social distancing
  • Provide an alternate point of sale for retailers and service providers
  • Increase distance between customers and employees.
  • Provide disinfectant and sanitation tools to employees.
  • Create six feet of distance between workspaces.

Restaurants, diners, bars, social clubs, gyms, bowling alleys, theaters, venues, salons, body art studios, and massage parlors are now closed until the order ends. Takeout, curbside, and delivery are permitted. This doesn’t apply to health care or nursing home cafeterias, but in-room dining is strongly encouraged.

If an emergency that requires residents to leave their homes, then the shelter in place order can be overlooked.

On April 3, Kemp deputized local law enforcement to ensure everyone follows the shelter in place order.

Local government can’t pass any ordinances that don’t fall in line with the shelter in place order. They can, however, pass ordinances that “enforce compliance with the order.”

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