Tani Cantil-Sakauye, Chief Justice of California. (Photo: Diego M. Radzinschi / ALM)

A day after Gov. Gavin Newsom granted California's chief justice expansive powers to change court rules across the state, the Judicial Council on Saturday urged Tani Cantil-Sakauye to temporarily extend criminal procedural deadlines to help courts deal with pandemic-related closures and limited calendars.

The council, meeting in an emergency session, unanimously endorsed extending the time for a defendant to be arraigned from 48 hours to seven days. Courts will also be allowed to delay preliminary hearings and criminal trials under the proposal approved by the council.

The changes, if mandated by the chief justice as expected, will be in force until 90 days after the governor lifts the state of emergency declared to deal with the COVID-19 outbreak.

"These extensions are not a license to wait," said appellate Justice Marsha Slough, chair of the council's executive and planning committee. "They are intended for relief to the trial courts who've asked for relief to assist them in accomplishing their core business."

The council also asked the chief justice to direct courts to use technology in proceedings as much as possible to enable remote appearances, interpreting and court reporting. Before the pandemic, court reporters and interpreters had opposed using technology to replace in-person translating and transcribing.

"People in the courts, many of them are first responders, they are law enforcement, they are firefighters, they are a variety of first responders," Cantil-Sakauye said Saturday. "And we need judges who are healthy and able to be on the bench."

The chief justice said she has "received no assurances" that jails are imposing social distancing rules, either within their facilities or while transferring inmates to courts.

"This is also an avenue to protect the public," Cantil-Sakauye said. "This is to protect inmates as well. This is about protecting the public, flattening the curve, making sure that courts are not vectors."

The Judicial Council received more than 50 letters prior to Saturday's meeting—conducted by a faulty telephone system without public comment—many of them critical of proposed delays to criminal proceedings.

The delayed arraignment proposal "will disproportionately impact low income people who cannot afford the amount of bail provided for in the bail schedule," wrote Kathleen Guneratne, senior staff attorney for the ACLU Foundation of Northern California. "While people with means will presumably still be able to bail out of jail quickly, low income people will have to wait for a week for any meaningful consideration of release either on lower bail or on their own recognizance."

Cantil-Sakauye emphasized that the measures are temporary and will be used only as a means "to get over this hump."

Newsom on Friday signed an executive order freeing Cantil-Sakauye from statutory restrictions limiting her ability to order changes through California's courts to address the pandemic.

Asked about the order Saturday, Newsom said he has "deep respect" for the chief justice and the Judicial Council.

"I have incredible confidence not only in her leadership but the Judicial Council's leadership to meet this moment with the kind of alacrity that's required of it, where they're not waiting for a formal executive order for every specific protocol to come from my desk with my signature," Newsom said at an event in San Jose.

"This will allow them the ability in real time to meet the needs of the criminal and civil justice systems," Newsom said.

Judicial branch leaders said Saturday that they will likely hold more meetings to address operations during the pandemic, including handling eviction proceedings and other civil issues.

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