Orange County Superior Court - Administrative Order Re: Penal Code Section 859b Emergency Relief

Exercising the authority granted by Governor Gavin Newsom's Executive Order N-38-20, and the March 30, 2020 Statewide Emergency Order of Chief Justice Tani Cantil-Sakauye, Chair of the California Judicial Council, this Court HEREBY FINDS AND ORDERS THE FOLLOWING MEASURES:

1. The Court extends the 10 court day period provided in Penal Code section 859b for the holding of a preliminary examination and the defendant's right of release to not more than 30 court days, applicable only to cases in which the statutory deadline otherwise would expire from 10/11/2021 to 12/30/2021, inclusive. (Statewide Emergency Order by Hon. Tani Cantil-Sakauye, March 30, 2020.)

It is the intent of this Order to provide the maximum length of constitutionally permitted continuance days authorized by the March 30, 2020 Statewide Emergency Order issued by the Hon. Tani G. Cantil-Sakauye, Chief Justice of the California Supreme Court. Any conflicts in the above language are to be resolved in favor of granting the lengthier of the 2 continuance options.


Read the official administrative order.