3/27/20 - Further Update On Court Closures and Related Issues Pertaining to COVID-19

Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments

Things continue to be very fluid when it comes to eviction court and what the various counties are doing, or not doing, in lieu of the COVID-19 pandemic and the Governor’s Safer at Home Order.

As you are aware from my earlier posts, Milwaukee County courts suspended in=person court proceedings through April 3, 2020 as a pandemic precaution.

On March 22, 2020, the Wisconsin Supreme Court issued two Administrative Orders, one which postponed all civil and criminal jury trials through May 22, 2020, and the second which suspended most in-person proceedings and provided that, subject to certain exceptions, all court proceedings in Wisconsin Courts are to be conducted via remote audio-visual technology if practicable.

In response to the Supreme Court’s Orders, the Chief Judge in Milwaukee County on March 23, 2020, issued some additional guidelines (The Second Emergency and Temporary Guidelines) and extended its Emergency and Temporary Orders until May 15, 2020. The Chief Judge wrote that the guidelines that are in place in the Milwaukee County court system are to “ensure the continuous performance of the court’s essential functions and operations, yet seek to mitigate the exposure, and further spread of the virus.  The guidelines also “incorporate use of teleconferencing to minimize contact, when appropriate; follow social distancing practices; and temporarily suspend some non-essential court functions.”

With regard to small claims cases (which includes evictions) the Milwaukee County Second Temporary and Emergency Order states as follows:

1. All small claims appearances are suspended through May 15, 2020, or until further Order of the Court.  Any such matters currently set for a date on or prior to May 15, 202, will be rescheduled by the Clerk via written notice.
2. No one may appear in person for hearing between now and May 15, 2020, or until further Order of the Court, unless it is an emergency matters, without the express advance approval of the Judge or Court Officer assigned to such matter; it is expected that this will be limited to such things as Requests for Sta of Writs of Restitution.  Any emergency matters may be conducted via telephone or video, at the discretion of the Judge hearing such matter.

The Supreme Court Orders and Milwaukee County’s guidelines leave a lot of unanswered questions, understandably so, since we are all learning how to handle such an unprecedented event as COVID-19.

A Small Claims Bench/Bar Meeting has been scheduled for March 27, 2020 with the small claims presiding Judge Pedro Colon and attorneys representing both landlords and tenants.  Many interesting questions will be raised with regard to the Service of Process statute for evictions and what effect, if any, the court’s adjournments, will have on the pending evictions.  There will also be discussion about how the court will deal with the backlog of cases once the court resumes in-person hearing.

As I learn more, I will continue to update you.

Thanks

T