Most of us have been quarantined for the better part of three months. And the new norm seems to be changing at a rapid pace. We are scared to travel and socialize like we were accustomed to. We are staying home and saving lives and that is what's important. I will not be discussing government omnipotence or get into political ping pong. This blog is about what Covid-19 means for your personal liberties going forward.
I have been receiving a lot of calls, texts and emails from clients asking very insightful questions. I thought I would share some of them, in summary.
Q: What are my obligations if I am stopped by the police? Do I have to stop? Do I have to roll my window down?
A: Police everywhere are being exposed to Covid-19. It is reasonable to be tentative to shake an officer's hand just like you might be with a nurse or health care worker. However, you always have the obligation to stop for a police officer who is lawfully detaining you. If YOU are experiencing any symptoms, you should have a sign or some way to tell the officer that you might be infected, without rolling down your window. Otherwise, if you are fearful of a masked officer act responsibly. It is well within your right to only roll down your window an inch or two, far enough to speak/hear through and to hand the police officer any documents or license they ask for. That officer might ask you to roll down the window, but just calmly explain that you are being precautious.
Q: Do I need to go to court for my traffic ticket? Do I still have to go to jury duty?
A: In short, yes. I am speaking about Cook, DuPage, Will, Lake and some adjacent counties when I answer, but it appears that as of today, May 20, 2020, Illinois courts will reopen June 1, 2020. If that remains true, then traffic, misdemeanor, civil and felony cases will have automatically been continued until after June 1. In order to know when your court date was reschedule to, you should call the Clerk of the Circuit Court of the county in which you have court. If I have filed an appearance on your behalf the court may have contacted me directly, so please contact me (847) 345-7060.
Jury duty has been temporarily suspended pending the pandemic. However, when court proceedings start to get back to normal and they send out jury summons, your obligations remain the same. However, there are several reasons that might exempt you from jury duty. You can be excused as a juror if the "prospective juror shows that such service would impose an undue hardship on account of the nature of the prospective juror's occupation, business affairs, physical health, family situation, active duty in the Illinois National Guard or Illinois Naval Militia, or other personal affairs, and cause his or her name to be returned to the jury list or general jury list". In short, if you are sick, came in contact with someone who is sick, or might be at increased risk of contracting an illness, you may submit a request for an exemption and likely be excused from jury duty.
Q: I haven't been to court for my case in months, shouldn't they dismiss my case?
A: Not quite. Although there are statute of limitations, there are also certain exceptions that toll or pause the statute of limitations. Justifiably so, a global pandemic would amount to one of those legitimate exceptions. So typically, Covid-19 will not get you out of a criminal charge unless there are some other potential factors at play. You should assume any case you had before the pandemic will not be dismissed outright and you will have to reappear in front of a judge.
Q: By law, do I have to wear a mask or other protections when leaving my house?
A: You can absolutely leave your house and be outside without a mask. However, the government can require you to wear a mask indoors in public businesses. Also, government buildings, such as a courthouse or town hall may require a mask or covering. Meaning, the court could restrict your access to the courthouse if you do not have your mouth covered, per CDC suggestion. My suggestion; have a mask or scarf or something to cover yourself for the foreseeable future.
Q: What will the court houses look like when they are back open? Can family members or friends come to court with me?
A: At this point, as we approach the end of May, 2020, we don't really know. I have spoken to Cook, DuPage and Will county clerks who have all reported similar answers. The courthouses are pushing to implement "Zoom" as much as possible. They will limit the amount of people they let into the court houses, so this will likely mean that loved ones and friends will not be permitted to come into court. Most courts are working together to make safety plans that would reduce overcrowding in the court houses as well as reduce the number of people that are waiting in the hall ways and common areas. These safety measures will continue to change and there will be inconsistencies between counties throughout the state.
I also went on to speak with an Illinois ER nurse who had some words of wisdom for me and other people venturing towards the court houses in the coming weeks.
These questions were directed to that nurse:
Q: What would you tell people to do who have to go to court and might be scared?
A: The most important thing to remember is hygiene and hand cleanliness. Avoid touching door handles or counter tops and then touching your face, mouth or eyes. If you keep your hands clean and your mouth covered, you should be fine. People of all ages and demographics are getting sick, so everyone needs to take proper precautions.
Q: What other advice would you want to give people during this difficult time?
A: It is important that if you are feeling any symptoms, to stay home and contact your medical professional. The hospitals are still overflowing with people that are there prematurely. You should only be going to the hospital if you are having trouble breathing or other health complications. With a simple fever, stay home and avoid the Emergency Department.
With any questions or follow ups to this Question and Answer portion, do not hesitate to call me at (847)345-7060 or email me at www.lofgrenlegal@gmail.com.
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