Pennsylvania courts to remain closed to public through April 30 to stem coronavirus; evictions halted statewide

Courthouses across the state will remain closed to the public to stem the spread of coronavirus until at least April 30, the state Supreme Court said in an order Wednesday.

The order halts all eviction hearings, specifically stating that “no officer, official or other person employed by the Pennsylvania Judiciary at any level shall effectuate an eviction, ejectment or other displacement from a residence based upon the failure to make a monetary payment.” This includes evictions due to mortgage foreclosures, unpaid taxes and late rent.

The order extends directives handed down last month following a recommendation by Pennsylvania Secretary of Health Dr. Rachel Levine. The closures includes all county courthouses, magisterial district courts and appellate courts.

Some hearings, including preliminary arraignments, search warrant issuances and emergency protection from abuse petitions, will continue.

Certain juvenile court and family court matters will also still occur, though the Supreme Court is urging the use of “advanced communication technology” to conduct the hearings.

The Supreme Court handed down the order shortly after Gov. Tom Wolf issued a stay-at-home order for the entire state and the number of coronavirus cases across Pennsylvania surged to 5,805, an increase of nearly 20%, according to the Pennsylvania Department of Health.

This included 686 new cases in the Lehigh Valley; 312 in Northampton County and 374 in Lehigh County.

President judges in Lehigh and Northampton counties issued judicial emergencies last month, and must now extend the orders to fall in line with the higher court’s directive.

While most deadlines and time calculations related to court cases and other judicial business have been suspended due to the coronavirus shutdown, lawyers warn that some timelines cannot be ignored.

“It is imperative for the public to understand that the deadline for filing a civil case has not been extended,” said Kimberly G. Krupka, an attorney with Gross McGinley LLP in Allentown. “If you sustained a personal injury or believe someone breached a contract to which you are a party, your time to file a complaint will not be extended.”

Without juries or open courtrooms, defendants in criminal cases can’t have a speedy trial. Defense lawyers are watching closely and bracing for possible appeals, said attorney Sarah Hart Charette, also of Gross McGinley.

“This type of time suspension is largely unprecedented in the Pennsylvania judicial system,” Hart Charette said. “Where this will most likely come to a head is a defendant who is currently incarcerated and awaiting trial, since under [the speedy trial rule] a defendant cannot be held in pretrial incarceration in excess of 180 days.”

Hart Charette said her main concern is that clients who are in jail awaiting trial could end up spending an excessive time behind bars due to the shutdown. Officials in Lehigh and Northampton said last week that they had lowered populations in both facilities by releasing and diverting low-risk defendants.

Krupka, who writes a blog about the effect of the coronavirus on the court system, noted that although courthouses are closed to the public, most attorneys are still working from home and can file paperwork online if needed.

“It is essential that any individual with a concern about a potential case not delay in meeting with an attorney,” she said.

Morning Call reporter Laurie Mason Schroeder can be reached at 610-820-6506 or lmason@mcall.com.