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Sunday, December 22, 2024

Iowa halts most court proceedings, but county clerk offices remain open

Todd

Todd Nuccio, state court administrator | Facebook

Todd Nuccio, state court administrator | Facebook

County clerk of court offices are still operating to handle emergencies in Iowa regardless of the majority of court proceedings put on hold to help stop the spread of COVID-19. 

Todd Nuccio, state court administrator, said county court house buildings are closed to the public, but will have contact information posted. 

“At this point, we’re focusing on emergency matters—things like domestic abuse protective orders, elder abuse proceedings, child removal proceedings, hospitalization, mental health commitment—those types of actions that require immediate intervention by the court,” Nuccio said to Iowa Public Radio.

The only in-person court functions that can still take place are criminal cases that aren't allowed to be delayed or done virtually. Other court cases that can still take place are substance abuse proceedings and evictions. 

Other cases that had been in progress on March 13 can continue as well, but others that have not started will be postponed to April 20. 

Postponing court hearings was decided by Iowa Supreme Court Chief Justice Susan Christensen to follow the governor's suggestions of having no more than 10 people gathered together at once. 

But Nuccio said legal filings are still being accepted. 

“It’s just that you’re not going to be able to receive a bench trial or a jury trial any time for the near future,” Nuccio said to Iowa Public Radio.

Christensen also extended deadlines for speedy trials and indictments as well as holding statutes of limitations. 

“Over the last few days, we have been doing our best to both predict and then deal with some of the brand new manifestations of the civil legal issues that our clients face,” Alex Kornya, litigation director for Iowa Legal Aid, said to Iowa Public Radio. 

Kornya said he is happy the court system is staying open and handling issues that they can, but COVID-19 is likely to bring about more barriers. It can also cause confusion in individual counties, because they control their own court houses. 

“And that’s not necessarily the court’s fault. The court is doing all it can, I think, to make sure that they’re there for our clients on these issues,” Kornya said to Iowa Public Radio. “The barriers are necessary for the public health issue, but they are causing additional issues.”

It also concerns Kornya that the courts can continue with evictions, he said. Judges can continue with evictions or postpone them. Most county judges so far have been choosing to postpone eviction proceedings. 

Iowans facing eviction not only have the threat of eviction to worry about, but the coronavirus too.  

“It’s unclear where people will go,” Kornya said to Iowa Public Radio. “It is putting people at higher risk of being infected with the coronavirus. And that puts us all at risk, frankly, not just our clients.”

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