Elias

Elias v. Super. Ct.

Good Law
Court of Appeal of CaliforniaMay 17, 2022D079425California5,407 words

Opinion

Opinion

Huffman, J.

I.

INTRODUCTION

Petitioner Ruben Elias is awaiting trial on charges arising from several alleged incidents of domestic violence that occurred in March and April 2020, during the early months of the COVID-19 pandemic. In early March 2020, the Governor of California declared a state of emergency in California, and the President declared a national emergency due to the COVID-19 pandemic. Based on health recommendations, the Chief Justice of the State of California issued statewide emergency orders suspending in-person jury trials and, among other things, extending statutory deadlines for trials in criminal proceedings. The Chief Justice authorized local courts to adopt local rules to address the impact of the COVID-19 pandemic. The Presiding Judge of the San Diego Superior Court issued a general order in April 2020 closing courtrooms and extending the

time period provided in Penal Code1 section 1382 for holding criminal trials. The health and safety concerns associated with the pandemic along with public health orders from the State of California and the County of San Diego caused “substantial operational impediments for the court.” The superior court issued a series of general…

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