COVID-19

The following was collected from state and national public defense listservs and websites in order to assist in the dissemination of information and resources.  The inclusion of information or documents on this page is not intended to serve as legal advice from KACDL or endorsement of positions taken, or arguments made in sample pleadings.

We have created this page to assist anyone who works in the criminal defense field. We will be updating this page as we receive new information. Please send your concerns, requests, or any resources, documents, or motions you have to share to director@kacdl.net.  
 
KACDL COMMITTEES:
COVID-19 Task Force Committee:
KACDL President Angela Rea| President@kacdl.net 
KACDL First VP Karen Faulkner | Karen@KarenFaulknerLaw.com
KACDL Executive Director Donna Brown | Director@kacdl.net | (502) 594-1375

STRIKE FORCE Chair: 
     Russ Baldani | russ@brr-law.com | (859) 259-0727
 
STRIKE FORCE Committee Members:
 Christie Moore (Jefferson)  | Tricia Lister (Jefferson) | Brent Cox (Fayette) | George Bertram (Russell)

The Lawyers Assistance Strike Force Committee, whose Chair shall be appointed by the President, and whose members shall be appointed by the Chair of the committee,  is authorized only to receive requests from, to consult with, and to provide professional legal assistance and, if warranted, professional legal representation to members when any person or entity interferes or threatens to interfere with the lawyer/client relationship in any way, or when a member’s professional responsibility is called into question.

Not a KACDL Member? Join Us Now! 


 

STATE RESOURCES:


                  
 

RESOURCES FOR ATTORNEYS:

 
COURTROOM PRACTICE:
Ky Courts and COVID-19 Ky Court of Appeals Message County Circuit Court Clerks
  

4.23.20: The Kentucky Supreme Court has issued an Amended Order concerning emergency release. You will find it here.
4.24.20 The Kentucky Supreme Court has issued an Amended Order concerning the response to the COVID-19 emergency  here.
4.30.20 The Kentucky Supreme Court has issued an Amended Order regarding extension of filing deadlines for the Court of Appeals and the Supreme Court. You will find it here.


 
NACDL RESOURCES:
To further NACDL’s focus on service and support for the criminal defense community throughout the coronavirus emergency, NACDL has launched a public resource section of the NACDL website addressing the intersection of the criminal justice system and the coronavirus pandemic. This NACDL resource is available at https://www.nacdl.org/content/coronavirusresources.

In a massive pro bono effort, NACDL groups are recruiting, training, and supporting lawyers who agree to represent individuals in federal prisons eligible for compassionate release and those at special risk due to COVID-19. In an effort to save as many lives as possible during the coronavirus pandemic, The Compassionate Release Clearinghouse launched an emergency release initiative that is designed to match qualified individuals in federal prisons who are applying for compassionate release with free legal counsel. The Compassionate Release Clearinghouse is a collaborative pro bono effort from FAMM, the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, and the National Association of Criminal Defense Lawyers (NACDL). The Clearinghouse continues actively to recruit additional attorneys and law firms to join in the effort. One can volunteer at https://crclearinghouse.org/training/.

 
MOTIONS FOR IMMEDIATE RELEASE, PERSONAL BOND OR HABEAS CORPUS FOR BOND REDUCTION [ Member log in required]  [Click here to email content to our Director]

    


ABA CRSJ COVID-19 WEBINAR SERIES:
The webinars are a multi-part series exploring the recent COVID-19 pandemic at the intersection of criminal justice, civil rights, and economic concerns, among other legal areas. During these free webinars, panelists will address this deepening crisis in our collective pursuit advancing law and justice. Please visit their COVID-19 webpage for more information about the series.
 
The ABA Section of Civil Rights and Social Justice have new updates on their rapid response COVID-19 impact programming! Please review the information below, register and plan to participate in these great programs, forward them to your colleagues and friends and reach out to them to share your expertise and contribute to these efforts. We also encourage you to review the resources offered by the ABA Coronavirus (COVID-19) Task Force.
 
In case you missed prior programming, you can watch the recordings and review the related resources for all programs on the ABA main COVID-19 program page, including programs on the:
 
 
 
All COVID-19 Programming
 
 
  
ZOOM PLATFORM USE:
How to Use Zoom Instructions (Beginners), (~11 minute video)  
How to Use Zoom Instructions (Intermediate Users) (~7 minute video)
How to Keep Party Crashers from Crashing Your Zoom Event (Web Link)
 

RESOURCES FOR CLIENTS:



VIRTUAL DEPENDENCY RECOVERY PROGRAM:
https://t.e2ma.net/message/7d2sfk/bluqz7?fbclid=IwAR3uwJRYCRjrB4mRYYZYPujFGEazzIJseWj0wNZd4hFOAlR4U_WfwtdF0Jk
 
SMART START IGNITION INTERLOCK:
Smart Start is open for business in the commonwealth of Kentucky and going strong. Although the commonwealth has declared a state of Emergency, our business is considered life-sustaining and remains open. The commonwealth has authorized clients to receive an extension of up to 10 days through April 20. hotline # (844) 785-7967
App-based Remote Check-In for your clients, starting at only 50 cents a day. Intro Video for SmartMobile™   SmartWeb™ 101 Video 


ALCOHOL DEPENDENCY EDUCATION:
KACDL Board Member and DUI Expert Wilbur Zevely has provided the following information:

The Kentucky Transportation Cabinet is now waiving personal appearances for Alcohol Dependency Education (ADE). Required courses can now be completed online with a KY PROVIDER through Skype, Zoom, etc. For more information about the education program and to find a provider, please visit the KY Cabinet for Health and Family Services website at  https://dbhdid.ky.gov/dbh/dui.aspxMr. Zevely is also available to answer any ATTORNEY MEMBER questions. You may reach him by email at wzevely@aol.com or by office at 859-371-3600

THE BAIL PROJECT: 
The Bail Project Louisville is providing services to anyone released from jail during the COVID 19 Pandemic. Services include: court date information, transportation to and from court, updating contact information, agency referrals, emergency housing, cell phones, supplies, ect. CONTACT THEM VIA FACEBOOK @TBPLOUISVILLEOR or  AT ANY NUMBER: (502)324-7442 (859)813-5421 (502)252-1526 (502)438-9194    (502)509-5472 (502)299-1234


Economic Impact Payment Information and COVID-19 Resources Update:
From the office of Senator Rand Paul: For those who would normally not file a federal income tax return, the IRS has just sent out an update (which you can read in full HERE) with information about the Economic Impact Payment.  The web tool they provide, which you can find HERE, is the only place non-filers should go to enter their information to get the Economic Impact Payment.  Visit IRS.gov for more information. Reminder – if you receive Social Security, Railroad Retirement, or Social Security Disability Insurance (SSDI) benefits, you do not need to do anything to receive the payment.  The IRS will automatically send it.

 

 

 

FINANCIAL RELIEF:


C.A.R.E.S. and the Act  (1 Page PDF)
Student Loans: Federal Student Loan Payments
Tax Relief- Federal
Tax Relief - Kentucky
Utilities: Public Service Commission

SBA Guidance and Resources:     SBA Disaster Assistance Relief Options     Paycheck Protection Program F & Q
Disaster Business Loan Application  (5 Page PDF Form)

Small Business Administration
  • As of April 16, 2020, the SBA released a notice that both the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) have experienced a lapse in appropriations.  By law, they cannot extend loans to new applications until additional appropriations are made by Congress.  At present, the SBA is placing a hold on new applications for PPP and EIDL, pending congressional action.  Applications submitted prior to April 16 will continue to be processed.
 
 

MEDIA COVERAGE INMATES, PRISONS, COVID-19:




Courier Journal:
To prevent spread of virus behind bars, 28% of county inmates in Kentucky have been freed ("In a dramatic response to pleas to prevent the spread of the coronavirus behind bars, prosecutors, public defenders and judges have reduced the number of county inmates in jails by 28%.")

Lexington Herald Leader: 
Inmates at Kentucky prison with 33 COVID infections say it’s ‘like a death trap’ ("State inmates at the Green River Correctional Complex in Muhlenberg County say they’ve been forgotten as the novel coronavirus has ripped through their prison over the past two weeks, sickening at least 19 inmates and 14 staff members.")

Bloomberg:
Coronavirus Containment Collides With U.S. Constitutional Rights ("Defense lawyers say the contagion has pushed an already-bent criminal justice system to the breaking point, from where it may not fully return...We’re in 'completely new territory,' said defense attorney Nina Ginsberg, who serves as president of the National Association of Criminal Defense Lawyers. 'We’re in real danger of a total breakdown of the system.'...'Things are changing literally from day-to-day in terms of what capacity the courts have and what kinds of proceedings are going to continue to be held,' said Ginsberg. While it’s theoretically possible to conduct some of the court’s business via video conference, it won’t work well if a lawyer is in the courtroom while his client is appearing remotely from jail and the two can’t privately confer, she said.")

NBC News:
Coronavirus in juvenile detention is a 'nightmare scenario,' doctors and advocates say The coronavirus is already appearing in juvenile detention centers. Experts say it'll get worse unless children are released.

Slate:
What It’s Like to Be a Public Defender Right Now ("As citizens, we know that for the good of everyone we should simply stay home until the coronavirus is under control. For me, a public defender in Baltimore, and my colleagues, it’s not that easy.") https://slate.com/news-and-politics/2020/03/baltimore-public-defender-during-coronavirus.html

The Right and Wrong Ways to Use Location Data in the Pandemic ("Using information from smartphones to track the spread of the coronavirus may be a good idea. But using it to track the movements of specific individuals is not.")

The Marshall Project:
I Was at Rikers While Coronavirus Spread. Getting Out Was Just as Surreal. ("'My family is my family. I am used to our little quirks. But I am still getting used to what's going on outside.'")

Reports on criminal history barriers to small business relief ("In the past two weeks we have written at length about the U.S. Small Business Administration (SBA)'s 'bumpy guidance on criminal history requirements' for small business financial relief during the COVID-19 pandemic (see also 'Applying for an SBA loan with a criminal record'). Today, Eli Hager of The Marshall Project has picked up the story with a new piece that draws on our research and will bring the story to a wider audience. We hope this will prompt the SBA to revise its policy, or guide Congress toward clearer and fairer standards if it passes a planned new round of small business assistance.")
 

The Judge Will See You On Zoom, But The Public Is Mostly Left Out ("Volunteers who monitor courts across the country say they are getting little access to online-only proceedings.")


 
The Appeal: 
At The Center Of The Coronavirus Pandemic, People Inside NYC Jails Describe Fear, Confusion And A Lack Of Supplies ("'They're not supplying us with masks, they’re not supplying us gloves, they're not supplying us with decent cleaning supplies.'")
 
Commentary: Don't Look To The DOJ To Keep Federal Prisons And Their Surrounding Communities Safe During The COVID-19 Pandemic ("Experts are urging large-scale releases. But the Department of Justice often operates contrary to expertise.")
 

Law360

 

Perspective: Social Distancing And Right To Jury Trial Must Be Reconciled ("Among the numerous issues that remain unclear in the face of a pandemic is how certain, fundamental rights — such as the right to a trial by jury — will be adversely affected.")

Law.com:

US Supreme Court Is Urged to Suspend Paper Filing Requirement: Lawyers across firms have advised the Supreme Court about the impact the coronavirus pandemic is posing on practical things such as delivering paper copies.

 

Washington Post:
Opinion: The coronavirus pandemic requires good-faith adjustments to our criminal justice system ("The pandemic requires good-faith adjustments to our criminal justice system to ensure the safety of the public, as well as that of the police, incarcerated people and those who guard them. In the District, we are seeking to achieve this objective by following the principles of public safety, fairness and justice.")

ProPublica:

At Least 19 Children at a Chicago Shelter for Immigrant Detainees Have Tested Positive for COVID-19 ("A coronavirus outbreak at a Heartland Alliance facility on Chicago’s South Side may be the largest outbreak of the virus in any shelter for immigrant youth in the country. At least 19 children and two staff have tested positive.")


 


Addded 4.22.20
 

National Law Journal/Law.com:
 

Expanding Electronic Access to the Federal Courts: the Pandemic’s Unexpected Opportunity ("During this time of crisis, the courts have a chance to learn from the virtual ways they are doing their work.")


 

The Marshall Project

 

Is Domestic Violence Rising During the Coronavirus Shutdown? Here’s What the Data Shows. ("Reports of domestic abuse in three cities have dropped. But police and experts say that may be a problem.")

 

The Appeal

 

Law Enforcement Leaders Agree: Money Bail Has To End, Especially In A Pandemic ("The current coronavirus crisis underscores our urgent need to look hard at our pretrial justice system. Eliminating money bail is a necessary first step.")

 

Collateral Consequences Resource Center

 

Second Chance Small Businesses Deserve Another Chance ("As America prepares to get back to work, will some people be left behind? The Small Business Administration (SBA) has adopted rules for emergency COVID-19 loans that exclude otherwise eligible existing small businesses from relief solely because they are owned in part by individuals who have a criminal record. Given that at least 19 million Americans have a felony record, this overly broad exclusion threatens to unfairly deny a lifeline to deserving small businesses and their employees.")