Posts in Government/Judicial Statements.

Today, Governor Roy Cooper issued a new Executive Order 220 extending certain COVID-19 response measures. Among other things, the new Order extends Executive Order 215, which lifted many COVID-19 restrictions, but left in place some face covering mandates. The new Order, which is effective through July 30, 2021, does not change the lifting of mass gathering and social distancing limits detailed in Order 215.  

What were some notable changes made under Order 215?

  • Face covering requirements were lifted in most settings.
  • Capacity restrictions were lifted in all settings.
  • Social ...

This week, Governor Roy Cooper issued a new Executive Order 215 lifting mass gathering and social distancing limits and most mask mandate restrictions imposed due to COVID-19. The new Order is effective on May 14, 2021 at 1:30 p.m. and extends through 5 p.m. on June 11, 2021.

What are some notable changes under the Order?

  • Face covering requirements are lifted in most settings.
  • Capacity restrictions are lifted in all settings.
  • Social distancing requirements have been lifted in most settings.

What remains the same?

  • People can continue to wear face coverings, which are recommended ...

This week, Governor Roy Cooper issued a new Executive Order 209 relaxing the outdoor mask mandate and easing the mass gathering limit restrictions imposed due to COVID-19. The new Order is effective on April 30, 2021 at 5 p.m. and extends through 5 p.m. on June 1, 2021.

What are some notable changes under the Order?

  • It lifts the requirement that face coverings be worn outdoors anytime that social distancing of at least six feet cannot consistently be maintained from non-household members. Under the Order, face coverings are no longer required in any outdoor setting.
  • The indoor mass ...

This week, Governor Roy Cooper issued a new Executive Order 204, which further eased various restrictions imposed due to COVID-19. However, the state’s general mask mandate remains in effect.

Among other things, the Order:

• increases mass gathering limits – the new limit for indoor gatherings is 50 people, and up to 100 people may gather outdoors;

• lifts the restriction on the late-night sale and service of alcoholic beverages on bars, restaurants, and other establishments;

• establishes three general categories of occupancy restrictions – up to 100% capacity ... Read More 

This week, Governor Roy Cooper issued a new Executive Order 195 lifting his modified “Stay at Home” Order and loosening various restrictions imposed due to COVID-19. Among other things, the Order increases the number of people that may gather indoors from 10 to 25, changes the curfew on the sale of alcohol for onsite consumption from 9 p.m. to 11 p.m., opens businesses such as bars and amusement parks with occupancy restrictions, and increases indoor and outdoor occupancy for certain businesses, venues, and arenas. The new Order is effective on Feb. 26, 2021 at 5 p.m. and ... Read More 

This week, Governor Roy Cooper extended four Executive Orders issued previously to address the COVID crisis.

The Orders extended this week are the following:

  • EO 189, Modified “Stay at Home,” was extended through Feb. 28. Brooks Pierce Client Alert on the earlier “Stay at Home” Order.
  • EO 190, Delivery and Carry Out of Certain Alcoholic Beverages, was extended through March 31.
  • EO 191, Evictions and Expedited Unemployment Claims, was extended through March 31.
  • EO 192, Transportation Provisions, was extended through Feb. 28.

If you have questions, please contact Alex ... Read More 

This week, Governor Roy Cooper issued a “Modified Stay at Home” order. His new Executive Order 181, among other things, requires people to stay at home between 10 p.m. and 5 a.m. It also requires restaurants, bars, entertainment venues, personal care businesses and some other businesses to close at 10 p.m. Certain activities such as travel to and from work; obtaining food, medical care, fuel or social services; or to take care of a family member, are exempted. The new Order is effective on Dec. 11, 2020 at 5 p.m. and extends through at least Jan. 8, 2021.

What are the major changes ... Read More 

This week, Governor Roy Cooper tightened mask requirements and enforcement and again extended North Carolina’s Phase 3.0 COVID-19 restrictions. His new Executive Order 180 is effective on Nov. 25, 2020 at 5 p.m. and extends Phase 3.0 restrictions (first detailed in Executive Order 169) through 5 p.m. on Dec. 11, 2020.

What are the major changes under this Order?

Under this Order:

• A face covering will now be required in all indoor settings if there are non-household members present, regardless of the distance away.

      o Under previous executive orders, face coverings were ... Read More 

This week, Governor Roy Cooper extended and modified North Carolina’s Phase 3.0 COVID-19 restrictions effective through 5 p.m. on Dec. 4, 2020. His new Executive Order 176 extends and modifies the Phase 3 restrictions that were first detailed in Executive Order 169 and extended in Executive Order 170.

What changes under the new Order?

 • The Phase 3 measures are extended for another three weeks, through Dec. 4, 2020.

• The Mass Gathering Limit for indoor spaces is reduced from 25 to 10 people.

What remains the same under Phase 3?

• The outdoor Mass Gathering limit remains ... Read More 

This week, Governor Roy Cooper extended North Carolina’s Phase 3.0 COVID-19 restrictions through 5 p.m. on Nov. 13, 2020. His new Executive Order 170 extends the Phase 3 restrictions that were first detailed in Executive Order 169.

Highlights of the Phase 3 restrictions that have been extended include:

  • Large outdoor venues with seating greater than 10,000 may operate with 7% occupancy for spectators. 
  • Smaller outdoor entertainment venues, like arenas or amphitheaters, may operate outdoors at 30% of outdoor capacity, or 100 guests, whichever is less. 
  • Movie theaters and ...

This week, Governor Roy Cooper issued Executive Order 169 moving North Carolina to Phase 3.0 COVID-19 restrictions. The new Order is effective Oct. 2, 2020 at 5 p.m. through 5 p.m. on Oct. 23, 2020.

Highlights of the new Order include:

  • Large outdoor venues with seating greater than 10,000 may operate with 7% occupancy for spectators. 
  • Smaller outdoor entertainment venues, like arenas or amphitheaters, may operate outdoors at 30% of outdoor capacity, or 100 guests, whichever is less. 
  • Movie theaters and conference centers may open indoor spaces to 30% of capacity, or 100 guests ...

This week, Governor Roy Cooper issued Executive Order 163 moving North Carolina to a “Safer at Home” Phase 2.5. The new Order is effective Sept. 4, 2020 at 5 p.m. through 5 p.m. on Oct. 2, 2020.

Highlights of the new Order include:

  • Mass gathering limits will increase to 25 people indoors and 50 people outdoors from the current limits of 10 indoors and 25 outdoors.
  • Playgrounds may open.
  • Museums and aquariums may open at 50% capacity.
  • Gyms and indoor exercise facilities, such as yoga studios, martial arts, and rock climbing, as well as skating rinks, bowling alleys, and fitness or ...

On Aug. 5, Governor Roy Cooper issued Executive Order 155, which further extends North Carolina’s “Safer At Home” Phase 2 through 5 p.m. on Sept. 11, 2020.

The new Executive Order extends and continues the measures of Executive Order No. 141. Executive Order No. 141 was previously amended by E.O. Nos. 147 (to include face covering requirements), 151 and 152.

As justification for extending Phase 2, which was first entered into on May 22, 2020, and has now been extended through Sept. 11, the governor cited several key metrics which have been trending in a concerning ... Read More 

This week, Gov. Roy Cooper outlined a plan for K-12 school openings and extended the “Safer at Home” Phase 2 of the state’s plan to respond to the COVID-19 virus.   

Under the Plan B outlined by the Governor, schools are required to follow key safety measures including:

  • Requiring face coverings for all teachers and students
  • Limiting the total number of students, staff and visitors within a school building to the extent necessary to maintain six feet of spacing when students/staff will be stationary 
  • Conducting symptom screening, including temperature checks 
  • Establishing a ...

Governor Roy Cooper this week issued Executive Order 147). The Order extends until 5:00 p.m. on July 17 the “Safer at Home” Phase 2 of the State’s plan to respond to the COVID-19 virus. Cooper cited a number of metrics, including an increase in the number of new virus cases and people hospitalized due to the virus, as reasons to extend Phase 2.

The new Executive Order extends and amends Executive Order 141, which had targeted June 26 for a move to Phase 3. Instead of moving to Phase 3, EO 147 maintains current Phase 2 restrictions on the opening of facilities such as public ... Read More 

Governor Roy Cooper took additional executive action this week related to North Carolina’s response to the COVID-19 virus. The move transitions North Carolina into the second phase of a plan to gradually ease statewide restrictions designed to slow the spread of the coronavirus.   

The new Executive Order 141 lifts the “Stay at Home” order in Executive Order 138 as of 5 p.m., Friday, May 22, at which time Phase 1 ends and Phase 2 begins. Phase 2 is expected to run through June 26, unless changed or cancelled.

Among other things, the Phase 2 Executive Order does the ... Read More 

Two bills (S 704, a policy bill, and H 1043, an appropriations bill) to address COVID-19’s impact on North Carolina were enacted over the weekend. Legislators met in a rare Saturday session to pass the bills and Governor Roy Cooper, who made a number of proposals on these matters, signed the bills into law.

Both bills addressed a variety of topics including health care, education, operations of state and local government, regulatory matters, and unemployment compensation.  Highlights from the bills are discussed below.

S 704 (Policy bill)

  • Postpones certain income tax payments to ...

On May 4, 2020, the Governor signed into law the COVID-19 Recovery Act (the “Act”), effective immediately, which was passed by both houses of the General Assembly on May 2, 2020. The Act establishes new requirements for public bodies conducting meetings and hearings during a Declaration of Emergency.

Public Meetings

A remote meeting is one where any member of the public body is participating through simultaneous communication, which may include telephone, video, or other electronic means. Public bodies have been and are permitted to conduct meetings electronically so long as ... Read More 

North Carolina Governor Roy Cooper took additional executive action this week related to the COVID-19 virus and its impact on the state.

On Thursday, April 23, he issued Executive Order 135, which extends until May 8 the statewide “Stay At Home” order first issued in Executive Order 121 on March 27. EO 135 also extends closure of restaurants for dine-in service and bars and closure of other close-contact businesses. 

When releasing the order on Thursday, the Governor outlined a plan, which would have North Carolina gradually re-open over three phases to prevent hot spots of ... Read More 

This article originally appeared on the North Carolina Bar Association's Blog on April 3, 2020.

I know it is difficult keeping track of all the moving dates and deadlines. For your convenience, here is a chart with all the current extensions. Below the chart is an update about Justice Beasley’s latest order pushing out state trial court proceedings into June.

Court

Nature of Proceedings

Continued through

Authority

NC District Court & Superior Court

All in-court proceedings (likely also mediations), with limited exceptions including proceedings implicating due process rights

This article originally appeared on the North Carolina Bar Association's Blog on April 1, 2020.

With coronavirus infections multiplying exponentially around the globe, countries, states, and localities are taking action to slow the spread. This update does not attempt to recount all that has changed since my last post. In particular, I do not catalogue all the state and local stay-at-home orders that have been enacted—though the North Carolina Judicial Branch’s COVID-19 Resource Page appears to have aggregated them all. Rather, I focus just on recent developments ... Read More 

On March 27, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 121, a statewide "Stay at Home" order, which is intended to slow the spread of COVID-19 in our state.

The Order goes into effect at 5 p.m. on Monday, March 30, 2020, and will remain in effect for 30 days, unless revised or rescinded by further action of the Governor. It supplements prior orders, the provisions of which remain in effect, including the prohibition on dining-in at restaurants and other restrictions.

The intent of the Order is to ensure that the maximum number of North Carolina residents ... Read More 

This article originally appeared on the North Carolina Bar Association's Blog on March 19, 2020.

North Carolina’s courts have taken further steps to address the impact of COVID-19 on the court system.

North Carolina Supreme Court

The Supreme Court will not be holding travel sessions in April or May. Cases previously scheduled for April or May may still be heard, at the litigants’ option:

  1. Via WebEx the week of May 4 at a specific date and time set by the Court,
  2. At a later date, or
  3. The matter may be decided on the briefs

North Carolina State Trial Courts

Today, Chief Justice Beasley ... Read More 

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