The Justice Department (DOJ) has proposed a number of legislative changes to help federal courts consistently manage cases that have been impacted by the CCP virus, including proposals to give a district’s chief judge power to extend deadlines or delay the statute of limitations in cases during a national emergency.
“Because of pandemic-related measures, courts are closing and grand juries are not meeting. That means prosecutors may not be able to indict criminals before a statute of limitations expires, or that dangerous criminals who have been arrested may be released because of time limits,” she said.
The documents reviewed by the media outlet revealed several proposals on a range of topics, including the statute of limitations, asylum, and the way court hearings are to proceed during the pandemic.
One of the proposals would allow Attorney General William Barr to ask the chief judge of any district to pause court proceedings “whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation.”
The department also suggested granting top judges the power to suspend court proceedings during emergencies, including procedures affecting “pre-arrest, post-arrest, pre-trial, trial, and post-trial procedures in criminal and juvenile proceedings and all civil process and proceedings,” according to the news outlet. The DOJ explained in its documents that individual judges already have the authority to do so during emergencies, but the proposals would ensure all judges in a district are acting consistently.
Kupec defended the need for the proposals, saying that the goal of these provisions is to ensure that the justice system continues to operate “equitably and effectively” while also harmonizing “what is already being done on an ad hoc basis by courts around the country.”
“The proposed legislative text confers powers upon judges. It does not confer new powers upon the executive branch. These provisions are designed to empower the courts to ensure the fair and effective administration of justice,” Kupec wrote.
“These proposals were suggestions for the consideration of Congress, and it is Congress that will decide whether to enact them into law,” she wrote.