CLIENT ALERT – January 2021 Court Operations in Maryland and Washington, DC During COVID-19 Pandemic

Our local courts have responded to the COVID-19 pandemic in a variety of ways designed to protect the public, and Court staff, while continuing operations as much as reasonably and safely possible. This has resulted in delayed case resolution in some instances, and we expect the backlog of cases presently pending in the courts will likely affect cases pending in 2020, and new cases filed in 2021, if not longer. With grave concerns about how these limited operations will impact access to justice and a criminal defendant’s Constitutional right to a speedy trial, the Courts are prioritizing the resolution of certain criminal matters.

In an effort to minimize delayed resolution of our clients with family law matters, civil matters, or personal injury claims pending, we are relying heavily on alternative dispute resolution (or “ADR”). Private mediators in our area quickly adapted to working on virtual platforms to assist in resolving cases that could otherwise be significantly delayed if left to a trial.  In fact, Bulman Dunie attorney Meg Rosan is a trained mediator and is available to help Maryland and District of Columbia attorneys resolve their matters through ADR.

The Maryland State and Federal Courts have been operating in various phases, as dictated by Chief Judge Mary Ellen Barbera and Chief Judge James K. Bredar, respectively. In Maryland state courts, the District and Circuit Courts in each County have enjoyed autonomy in certain aspects of their compliance with the phased operations, based in large part upon the physical layouts of each courthouse to permit social distancing.  Adding a new layer of difficulty, COVID-19 struck at a moment where the State of Maryland was in the middle of implementing a statewide e-filing system.  Some county courthouses were already using e-filing while the State’s largest counties, Montgomery County, Prince George’s County, and Baltimore City, had not yet been integrated into the Maryland Judiciary’s e-filing system. This led the Administrative Judges of those jurisdictions to develop creative interim e-filing systems. In Montgomery County, for example, we are now e-mailing many of our filings to the Clerk, rather than hand-delivering paper copies.

In the District of Columbia, the Superior Court has continued minimal operations remotely, and all substantive hearings Bulman, Dunie has had scheduled during the pandemic have been continued to 2021, including pre-trial hearings and mediation, which are being handled by most Maryland Courts on remote platforms. This has resulted in a significantly increased need for alternative dispute resolution (ADR). Our attorneys are having success submitting disputes to binding arbitration and private mediation as an alternative to trials and/or Court-ordered ADR.

Please contact us if you have any questions about how your case is advancing in light of COVID-19 court limitations.