Anaya Nolan
In March 2020, Pennsylvania Governor Tom Wolf ordered all law firms and legal services to close their physical offices to prevent the spread of the coronavirus. This order, which categorized legal services as non-life-sustaining, caused concern in the legal community, with some lawyers arguing that there should be a carve-out for legal services. The Administrative Office of Pennsylvania Courts later clarified that law firms could remain open on a restricted basis, allowing lawyers to perform essential functions. This development highlights the ongoing debate surrounding the constitutionality of stay-at-home and business shutdown orders during the pandemic.
| Characteristics | Values |
|---|---|
| Law offices status during the COVID-19 pandemic | Can stay open on a restricted basis |
| Date of the order | March 20, 2020 |
| Issued by | The Administrative Office of Pennsylvania Courts |
| Approved by | Pennsylvania's Office of General Counsel |
| Reason | To allow lawyers to perform functions deemed "essential" by the courts |
| COVID-19 status in PA | 644 positive cases and six deaths as of March 23, 2020 |
| Stay-at-home order status | Unconstitutional, burdens the rights of large numbers of people |
| Shutdown order status | May be reinstated at any time |
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What You'll Learn
Law firms can stay open on a restricted basis
In March 2020, Pennsylvania Gov. Tom Wolf issued a "Stay At Home" order across seven counties in a bid to prevent the spread of the coronavirus. The order, which was to last two weeks, restricted the activities of residents in the state's counties with the most reported cases of the virus. As part of the order, Wolf stated that all non-essential businesses must close, including law firms and other legal services. This caused concern in the legal community, with some lawyers believing there should be a carve-out for legal services.
In response to this mandate, Philadelphia attorney Theodore "Ted" Simon wrote a letter to Wolf's office and the Administrative Office of Pennsylvania Courts, stressing the constitutionally mandated roles that attorneys play in the judicial system. The Administrative Office of Pennsylvania Courts then laid out guidance, approved by the Pennsylvania's Office of General Counsel, stating that law firms can stay open on a restricted basis so lawyers can continue to perform functions deemed "essential" by the courts. This guidance clarified Wolf's order, allowing restricted access to law offices and facilities by legal professionals, staff, and clients, so long as social distancing and other protective measures were employed.
Therefore, while law firms in Pennsylvania were initially ordered to close during the "Stay At Home" mandate, they were later permitted to remain open on a restricted basis to facilitate essential court functions while adhering to safety protocols.
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Legal services are categorised as non-life-sustaining
In March 2020, Pennsylvania Gov. Tom Wolf issued a "Stay At Home" order across seven counties in the state's ongoing effort to stem the spread of the new coronavirus, or COVID-19. The two-week order, which started on March 23, restricted the activity for residents living in the Pennsylvania counties with the most reported cases of the coronavirus. As part of this order, Wolf specified that non-life-sustaining businesses must close, including all law firms and other legal services. Legal services were expressly categorized as non-life-sustaining, along with many other professional services.
The order caused concern in the legal community, with Philadelphia attorney Theodore "Ted" Simon writing a letter to both Wolf's office and the Administrative Office of Pennsylvania Courts, stressing the constitutionally mandated roles that attorneys play in the judicial system. In response to this, the Administrative Office of Pennsylvania Courts laid out guidance saying law firms can stay open on a restricted basis so lawyers can continue to perform functions that courts have deemed to be "essential". This guidance was approved by the Pennsylvania's Office of General Counsel.
The guidance stated that restricted access to law offices and facilities by legal professionals, staff, and clients is permitted to the degree necessary to allow attorneys to participate in court functions deemed essential by a president judge per the Supreme Court's order of March 18, 2020, or a similar federal court directive. Social distancing and other mitigation measures must be employed for the protection of lawyers, staff, and clients.
Thus, while legal services were initially categorized as non-life-sustaining and ordered to close during the "Stay At Home" order, law offices were later allowed to remain open on a restricted basis to perform essential court functions.
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Lawyers' constitutionally mandated roles
In March 2020, Pennsylvania Governor Tom Wolf ordered that all law firms and other legal services close their physical offices to prevent the spread of the coronavirus. This order categorized "legal services" as non-life-sustaining, and it caused concern in the legal community. In response, Philadelphia attorney Theodore "Ted" Simon wrote a letter to Wolf's office and the Administrative Office of Pennsylvania Courts, emphasizing the constitutionally mandated roles that attorneys play in the judicial system.
Lawyers play a crucial role in upholding justice and protecting the fundamental freedoms of their clients. They are responsible for advising clients on their legal rights and obligations and assisting them in court proceedings. Additionally, lawyers are expected to act with diligence and in accordance with the recognized standards and ethics of the legal profession.
One of the most significant roles of lawyers is to ensure that their clients' rights are protected. This includes the right to a fair trial, which is often guaranteed by the right to counsel. The right to counsel is a core principle that grants defendants the legal right to have the assistance of a lawyer. If a defendant cannot afford a lawyer, the government is typically required to appoint one or cover the defendant's legal expenses.
The right to counsel is recognized in various countries' constitutions and legal systems, although the specific provisions may differ. For example, in Canada, the right to counsel is guaranteed under the Canadian Charter of Rights and Freedoms upon "arrest and detention." Similarly, in Germany, it is mandatory for all defendants charged with a crime carrying a potential prison sentence to have legal counsel, and the court will appoint a lawyer if necessary.
In summary, lawyers have constitutionally mandated roles that are essential to the functioning of the judicial system and the protection of their clients' rights. These roles include providing legal advice, representing clients in court, and upholding ethical standards. The right to counsel, which is a fundamental aspect of the legal profession, is a key component of ensuring that defendants receive a fair trial.
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The Pennsylvania 'Stay At Home' order
On March 23, 2020, Pennsylvania Governor Tom Wolf issued a "Stay At Home" order across seven counties in a bid to curb the spread of the coronavirus. The two-week order restricted the activities of residents in the counties with the most reported cases of the virus. These counties included Bucks, Chester, Delaware, Montgomery, Monroe, Philadelphia, and Allegheny.
The order mandated that residents could only leave their homes to perform essential tasks, such as obtaining medicine or medical supplies, and to engage in outdoor activities like walking or running while maintaining social distancing. Essential travel was permitted, including travel for work at a life-sustaining business, to care for family or pets in another household, and to care for elderly, minors, dependents, or vulnerable persons.
The "Stay At Home" order also caused concern in the legal community. Initially, Governor Wolf ordered all law firms and legal services to close their physical offices, deeming them "non-life-sustaining." However, following a letter from Philadelphia attorney Theodore "Ted" Simon stressing the constitutionally mandated roles of attorneys, the Pennsylvania Office of General Counsel issued guidance allowing law firms to stay open on a restricted basis. This ensured that lawyers could continue to perform essential functions as deemed by the courts.
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The Pennsylvania COVID-19 lockdown
In March 2020, the COVID-19 pandemic caused countries around the world to impose lockdown restrictions to curb the spread of the virus. In the US, state, territorial, tribal, and local governments responded to the pandemic with various declarations of emergency, school closures, public meeting place closures, lockdowns, and other restrictions.
Pennsylvania was one of the states that implemented a lockdown. On March 23, 2020, Pennsylvania Governor Tom Wolf issued a "Stay at Home" order across seven counties in an effort to stem the spread of COVID-19. The two-week order restricted the activities of residents living in the counties with the most reported COVID-19 cases: Bucks, Chester, Delaware, Montgomery, Monroe, Philadelphia, and Allegheny. Under the order, residents could only leave their homes for essential tasks, such as obtaining medicine or other necessary supplies, performing essential work, caring for family or pets, or engaging in outdoor activities while maintaining social distancing.
The lockdown in Pennsylvania, like in other states, had varying impacts and led to some unusual moments. For example, there were protests against the lockdown, and the state's visible shutdown-opposing lawmaker, Sen. Doug Mastriano, often quipped about people wearing masks while driving alone. The lockdown also affected the consumption of alcohol, as Pennsylvania kept its state-run alcohol stores closed during this time.
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Frequently asked questions
In March 2020, Pennsylvania Gov. Tom Wolf ordered that all law firms and other legal services close their physical offices as part of a larger order specifying that non-life-sustaining businesses must close to prevent the spread of the coronavirus. However, the Administrative Office of Pennsylvania Courts issued guidance saying law firms can stay open on a restricted basis so lawyers can continue to perform functions deemed "essential" by the courts.
The "Stay at Home" order issued by Pennsylvania Gov. Tom Wolf in March 2020 restricted the activity of residents living in the seven Pennsylvania counties with the most reported cases of the coronavirus. While the order mandated the closure of non-life-sustaining businesses, it allowed residents to leave their homes to perform essential tasks, including obtaining necessary services or supplies, engaging in outdoor activities while maintaining social distancing, and performing work providing essential products and services.
Yes, there have been legal challenges to the "Stay at Home" and business shutdown orders in Pennsylvania. In May 2020, a group of plaintiffs filed a complaint seeking a declaratory judgment that Governor Wolf's orders violated their constitutional rights. The case was appealed to the Third Circuit, with plaintiffs arguing that the orders violated their First Amendment and Fourteenth Amendment rights, as well as the Equal Protection Clause of the Fourteenth Amendment.
