IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
IMPLEMENTATION OF EMERGENCY
RELIEF AUTHORIZED PURSUANT TO
GOVERNMENT CODE SECTION 68115 BY CHAIR OF JUDICIAL COUNCIL
EFFECTIVE APRIL 3, 2020
GENERAL ORDER OF THE PRESIDING JUDGE
Due to Governor Gavin Newsom proclaiming a State of Emergency in California
as a result of COVID-19; Governor Newsom and State Public Health Officer
announcing that gatherings should be postponed or canceled across the State until a
least the end of May 2020; Governor Newsom declaring that non-essential gathering
must be limited to n9 more than 250 people, while smaller events can proceed only i
the organizers can implement social distancing of 6 feet per person, and gatherings o
individuals who are at higher risk for severe illness from COVID-19 should be limited t
no more than 10 people, while also following social distancing guidelines; The Count
of San Bernardino Public Health Department declaring a local health emergency and
issuing an order consistent with the guidelines of Governor Newsom and the Stat
Public Health Officers; President Trump declaring a national emergency and issuing
directives targeted at reducing social contact to reduce the spread of COVID-19; in
accordance with the March 17, 2020 order of Chief Justice Tani G. Cantil-Sakauye,
Chair of the Judicial Council of California, under the authority grant d pursuant t
Government Code Section 68115, and issued in response to the March 16, 2020
request for an emergency order made by the Superior Court of San Bernardino County, s and subsequent request for extension of the emergency order made on March 23, 2020
and granted by order of Chief Justice Tani G. Cantil-Sakauye, Chair of the Judicia
Council of California on April 1, 2020; Governor Newsom, on March 27, 2020, issuing
Executive Order N-38-20, which among other things, suspended Government Cod
g section 68115 and any other provision of law to the extent that those laws impose o
imply a limitation on Chief Justice Tani G. Cantil-Sakauye’s authority to authorize vi
emergency order or statewide rule, any court to take any action deemed necessary t
maintain the safe and orderly operation of the courts; and the Statewide Order
executed by Chief Justice Tani G. Cantil-Sakauye on March 23, 2020 and March 30,
2020, and under the authority granted pursuant to Government Code Section 68115 t
protect the health and safety of the public, court personnel, and criminal litigant
brought before the court, the court HEREBY ORDERS AS FOLLOWS:
1. From March 17, 2020 through April 30, 2020, the court may hold session
anywhere in the county, including in correctional and juvenile detention
2. For purposes of computing time for filing papers with the court under Code o
Civil Procedure sections 12 and 12a, April 3, 2020 through April 30, 2020 ar
3. April 3, 2020 through April 30 , 2020 are deemed holidays for purposes o
computing time under:
a. Penal Code section 825 (time to bring a criminal defendant befor
magistrate after arrest)
Welfare and Institutions Code section 313 (time to release minor taken into custody pending dependency proceedings)
Welfare and Institutions Code section 315 (time to hold detention hearing for minor taken into custody pending dependenc proceedings)
Welfare and Institutions Code section 334 (time to hold hearing on dependency petition)
Welfare and Institutions Code section 631 (time to release minor taken into custody pending wardship proceedings)
Welfare and Institutions Code section 632 (time to hold detention hearing for minor taken into custody pending wardship proceedings)
Welfare and Institutions Code section 637 (time to hold detention rehearing in wardship proceedings if parent/guardian files affidavi asserting lack of notice of hearing or minor requests evidence of prima facie case)
Welfare and Institutions Code section 657 (time to hold hearing on wardship petition)
From April 3, 2020 through April 30, 2020, all courtrooms except for limited courtrooms in San Bernardino Justice Center, Victorville, Joshua Tree, San Bernardino Historic and Juvenile Court will be closed for judicial business, except for the following time-sensitive, essential functions:
Civil temporary restraining orders involving violent conduct;
Family ex parte including domestic violence proceedings and othe safety issues;
Hague Convention (international kidnapping);
Probate ex parte hearings concerning elder abuse;
Probate emergency petitions for temporary guardianship;
Probate emergency petitions for temporary conservatorship;
Electronically submitted day and night time warrants including the following
iv. Juvenile interview;
v. Bail enhancement;
vi. Emergency protective orders;
vii. PEN register;
xi. Gun violence RO
i. Criminal, in-custody matters, including, but not limited to,
preliminary and preliminary hearings,
j. Emergency orders relating to the health and safety of a child;
k. Emergency writs challenging COVID-19 emergency measures;
I. In-custody arraignments for new filings;
m. In-custody juvenile dependency and delinquency detentions; and
n. Ex parte orders to address emergency unlawful detainer lock-outs.
These matters will be conducted with strict distancing protocols being followed.
Six feet of social distance at all times, and no more than 10 persons in a
courtroom or Clerk’s Office lobby at any time are permitted.
In accordance with the Statewide orders issued by Hon. Tani G Cantil
Sakauye, Chief Justice of California and Chair of the Judicial Council o
California, on March 23, 2020 and March 30, 2020:
9 a. All jury trials are suspended and continued for a period of sixty 60 day
from March 23, 2020. The court may conduct a trial at an earlier date,
upon a finding of good cause shown or through the uses of remote
technology, when appropriate.
b. The time period provided in section 1382 of the Penal Code for the
holding of a criminal trial is extended by no more than 60 days from
the last date on which the statutory deadline would otherwise havexpired. The court may conduct such a trial at an earlier date, upon a finding of good cause shown or through the use of remote technology, when appropriate.
c. The time period provided in sections 583.310 and 583.320 of the Cod
of Civil Procedure for the holding of a civil trial is extended by no mar
than 60 days from the last date on which the statutory deadlines would
otherwise have expired. The court may conduct such a trial at an
earlier date, upon a finding of good cause shown or through the use o
remote technology, when appropriate.
d. The 60-day continuance of jury trials as provided in sections 5b and 5
above are to be calculated from the date for which the trial was set o
extended, whichever is longer..
All other matters are hereby continued by the court. The parties shall receiv notice stating the specific time and date of the continuance in their cases.
The court extends the following deadlines for the period beginning April 3, 2020 through April 30, 2020:
The duration of any temporary restraining order that would otherwis expire because the emergency condition described in prevented the court from conducting proceedings to determin whether a permanent order should be entered is extended by not mar than 30 days.
The time provided in section 825 of the Penal Code within which a
defendant charged with a felony offense must be taken before a magistrate is extended from 48 hours to not more than 7 days.
The time period provided in section 859b of the Penal Code for th holding of a preliminary examination is extended from 10 court days t not more than 30 court days.
The time period provided in section 313 of the Welfare and Institution Code within which a minor taken into custody pending dependency proceedings must be released from custody is extended by not mar than 7 days.
The time period provided in section 315 of the Welfare and Institution Code within which a minor taken into custody pending dependency proceedings must be given a detention hearing is extended by no more than 7 days.
The time periods provided in sections 632 and 637 of the Welfare and Institutions Code within which a minor taken into custody pending wardship proceedings and charged with a felony must be given a detention hearing or rehearing is extended by not more than 7 days.
g. The time period provided in section 334 of the Welfare and Institution
Code within which a hearing on a juvenile dependency petition mus
be held is extended by not more than 15 days.
h. The time period provided in section 657 of the Welfare and Institution
Code within which a hearing on a wardship petition for a mino
charged with a felony offense must be held is extended by not mor
than 15 days.
The San Bernardino County Probation Department may review and authoriz
the release of in-custody inmates that meet the pretrial services releas
requirements pending further hearing.
Upon assessment by the San Bernardino County Probation Department, th
San Bernardino County Sheriff is authorized to release those identified by th
San Bernardino County Probation Department as low risk through the pretrial
program. The Probation Department may develop terms of release, which, i
violated may result in a criminal defendant’s return to custody.
The court is authorized under rule 10.613(i) of the California Rules of Court t
adopt any proposed rules or rule amendment that is intended to address th
impact of the COVID-19 pandemic to take effect immediately, withou
advance circulation for 45 days of public comment. A copy of any such rul
change, if adopted, must be provided to Judicial Council staff and the cou
must post notice of the change prominently on the court’s website, along with
the effective date of the new or amended rule. Additionally, the court mus
immediately distribute the new or amended rule as set forth in ru!
10.613(g)(2). No litigant’s substantive rights shall be prejudiced for failing t
comply with the requirements of a new or amended rule until at least 20 day
after the rule change has been distributed.
The court may, when possible, conduct judicial proceedings and cou
operations remotely, suspend any rule in the California Rules of Court to th
extent such rule would prevent a court from using technology to conduc
judicial proceedings and court operations remotely, in order to protect th
health and safety of the public, court personnel, judicial officers, litigants, and
THIS ORDER IS EFFECTIVE IMMEDIATELY.
Dated: April 1, 2020.
San Bernardino County Assessor-Recorder-
Clerk to Close Offices to Public in Response to
Services will continue via mail, email and phone.
SAN BERNARDINO, CA (March 16, 2020) — The San Bernardino County Assessor-Recorder-Clerk will be closing its offices to the public and will be providing services exclusively via mail, email or phone, effective Wednesday, March 18th until further notice. This is a precautionary measure being taken to help slow the spread of COVID-19.
“I encourage San Bernardino County residents to visit our website and utilize the many services offered via mail, email and phone,” said San Bernardino County Assessor-Recorder Bob Dutton. “While our offices will not be open to the public, regular department operations will continue to ensure customer service requests are processed.”
All services, with the exception of the issuance of marriage licenses and performance of marriage ceremonies, will remain available and processed by mail, email or phone. Marriage services will be discontinued until further notice.
Additional information, including necessary forms and processes, can be accessed online by resident by visiting the Assessor-Recorder-Clerk’s website:http://www.sbcounty.gov/ARC/Main/About/ServicesAvailable.aspx or by calling: 1 (877) 885-7654.< /span>
Please click here to see the court’s official notice.
As always should you have any questions or require immediate assistance contact us at (213) 249-9999 and you will be able to speak to a live person.