Court suspended by Chief Justice in response to virus

court suspended 1-11-21

Suspension excludes bond hearings, 'emergency matters'

 

Simpsonville, S.C. — Simpsonville Municipal Court is suspended by order of the S.C. Supreme Court to help prevent the spread of COVID-19.

Chief Justice Donald W. Beatty issued an order Jan. 7 suspending all in-person proceedings in summary courts statewide on Jan. 11, 2021 until further order. The suspension requires the postponement of all scheduled court cases by the Simpsonville Municipal Court.

If defendants have a fine for a traffic ticket or warrant or have a bench trial and plan to plead not guilty, they should call the Court at 864-228-2009 for instructions. The Court will notify defendants who do not pay their fines or arrange for bench trials of a new court date by mail to the address on the ticket or warrant.

Defendants who have changed their address or moved are solely responsible for informing Simpsonville Municipal Court of their new address in writing by mail addressed to 118 N.E. Main St., Simpsonville, S.C. 29681.

Chief Justice Beatty said in the order the COVID-19 pandemic has "required unprecedented changes to ordinary court operations" across the state.

"I further find that in light of the ongoing increase in COVID-19 cases throughout South Carolina, and the expectation by the medical community and experts that the number of positive cases will continue to increase in the near future, it is prudent to once again make changes to the operations of the summary courts for the protection of those who work within the courts, as well as those who use the courts," Chief Justice Beatty said.

Statewide cases of the Novel Coronavirus Disease 2019 have steadily risen since Thanksgiving Day when 1,217 cases were reported, while more than 4,000 cases of COVID-19 were reported on Monday, according to the S.C. Department of Health & Environmental Control. Over the same time period, cases in Greenville County have increased from 181 to 792, according to S.C. DHEC.

Exceptions to the order include bond hearings and "emergency matters," which include but are not limited to retraining orders, orders of protection and vacating or canceling bench warrants.

"If an in-person proceeding is held, attorneys, parties to the matter and any necessary witnesses must take direction from the Clerk of Court, or his or her designee, prior to entering the courtroom or hearing room," Chief Justice Beatty said.

If Simpsonville Municipal Court holds a bond hearing or in-person proceeding for emergency matters, the people present must follow directions, including ones related to COVID-19, given by the clerk of court Judge Ashley Clark, Assistant Clerk of Court Kimber Strong or their designee, per the order by Chief Justice Beatty.

 

 

Measures taken by Simpsonville Municipal Court the past several months to help prevent the spread of the virus have included temperature checks before entering the courtroom and wearing masks to remain in the courtroom.

Chief Beatty also said the order does not prohibit holding hearings and non-jury trials via electronic means.

"Where possible, the use of remote communication technology to conduct proceedings is encouraged," Chief Beatty said.

While the Court had kept its schedule with plans to hold proceedings electronically with parties in remote areas in City Hall, all scheduled court dates were eventually canceled. City officials concluded the setup was not feasible after reviewing the logistics.

The Chief Justice ends the order by stating it remains in effect until changed or rescinded, and an order permitting in-person meetings again will be issued at least two weeks before the effective date to "allow time for scheduling."

Simpsonville spokesman Justin Campbell said the order is mandatory.

"Like all summary courts across the state, Simpsonville Municipal Court is legally bound to comply with the order by Chief Justice Beatty," Campbell said. "Once an order allowing resumption of in-person proceedings is issued, the Court will begin scheduling new court dates."

A copy of the order by S.C. Supreme Court Chief Justice Donald W. Beatty can be found below under Supporting Documents.

Questions about Simpsonville Municipal Court should be directed to City Hall at 864-967-9526.