Disasters can strike at any time, as the citizens of Jefferson and Morgan Counties can attest. On May 20, 2009, after the workday, the historic Jefferson County Courthouse bell tower burst into flames. Firefighters fought bravely for several hours to tame the blaze. On January 29, 2008, a violent storm ripped off part of the roof of the Morgan County Courthouse. Contractors worked diligently in the wind and rain to cover the gaping holes and protect the interior of the building. Whenever an event like a fire or weather damage occurs we are properly concerned initially with personal injury and structural damage. Judges and Clerks also need to focus on many additional concerns when a disaster damages a courthouse.
We all watched the aftermath of Hurricane Katrina. It highlighted what can happen to buildings, complexes, and whole cities. The recent threat of a swine-flu pandemic reminds us that disaster isn’t restricted to physical damage, but could include substantial health-related decreases in workforce. The Division of State Court Administration, in conjunction with the Indiana Department of Homeland Security, is working with the courts in several counties to develop Continuity of Operations Plans (COOP). As a legal corollary to any COOP, Administrative Rule 17 provides courts the process and flexibility for dealing with emergencies. The rule, which became effective on January 1, 2008, was developed and proposed by the Judicial Conference Committee Court Management Committee. It permits the Supreme Court upon petition from a trial court or sua sponte to issue administrative orders to “ensure the orderly and fair administration of justice.”
How Administrative Rule 17 works
1 What triggers the need for Emergency Administrative Orders? There are many potential triggering events, including natural disaster, civil disobedience, widespread disease outbreak, and other exigent circumstances requiring the closure of courts or inhibiting the ability of the courts and litigants to comply with deadlines and rules.
2 What does a trial court need to do? When it is apparent that an emergency exists, the local court must confer with the clerk, bar representative, and local officials as necessary and appropriate, and then petition the Supreme Court for emergency relief.
3 If the emergency also affected the Clerk of the Circuit Court, can she be covered by the Emergency Administrative Orders? The trial court or courts may petition the Supreme Court on behalf of the Clerk of the Circuit Court. The Emergency Administrative Orders will cover those roles the Clerk performs for the courts, including but not limited to service, initiation of cases, file stamping, collection of revenue, and preparation of records for appeal.
4 What information should the petition contain? The petition needs to state the nature of the emergency, how it is affecting local administration of justice, that the courts of the county have met en banc, the anticipated duration of interruption, and any additional information the trial court deems useful for the Supreme Court to make its decision.
5 What relief is offered by the Emergency Administrative Orders? The Supreme Court, through its inherent authority to supervise the administration of all courts of this state, has the ability to close the petitioning court, or courts, and Clerk’s office, suspend certain deadlines and rules of procedure as are absolutely necessary for the effective administration of justice, and extend general jurisdiction to all courts to assure continued administration of justice. Examples of deadlines that could be suspended temporarily are civil and criminal statutes of limitation, Criminal Rule 4 speedy trial deadlines, and procedural Trial Rule deadlines such as 5, 12, 15, 53.1, 53.2, 56, 75 and 76.
6 Should courts address any other statutes in their petitions? Some courts, by statute, must conduct court business within a certain building or geographical area. When fashioning the petition, if the statute poses roadblocks to the court, courts should also request relief from the statutory parameters.
7 What plans should the court make for emergency matters that may arise during the time the court is closed? The court should remember that, while deadlines are suspended, there will still be some exigent matters must be reviewed and resolved during the pendency of the emergency orders. The courts should make plans for a temporary court to process cases such as protection orders, mental health reviews, and arraignments. The courts and clerks should also determine, and advise the bar, what cases will, and will not, be considered emergencies.
8 What provisions will be in the Emergency Administrative Order? The Supreme Court, when reviewing the petition, will determine what relief can be granted and will promptly issue the order on such terms and conditions it deems appropriate. Among other things, the court will review the length of closure time requested, require the courts and clerk to coordinate with the local bar, provide the Supreme Court with the alternate address or addresses for any displaced offices, and protect any court records or minutes created during the emergency period for accurate entry into the courts’ CCS when it becomes operational.
Reflections from Jefferson County
Jefferson County Circuit Court Judge Ted R. Todd and Superior Court Judge Alison T. Frazier, along with Jefferson County Clerk Kim Smith, and their staffs, worked tirelessly to reopen their courts on June 5, 2009. As of May 21, just one day after the fire, the staffs were making lists of the necessary items to replace in order to conduct business. Over the course of a few weeks, all three offices were able to secure separate locations and set up skeleton office structures that were ready for opening at noon on the target date. Judges Todd and Frazier thought about their experiences and what recommendations they may have for their colleagues. Judge Frazier said: “First, call your family and tell them you are alright. Your second call should be to State Court Administration. Don’t underestimate the assistance that their staff can provide to you and your staff.”
State Court Administration can assist in framing the petition for the Supreme Court, evaluating useful administrative orders, researching the Indiana Code and other sources to answer jurisdictional questions, and expediting the signing of the relief order. In addition, State Court Administration may be able to supply to the affected court certain useful resources such as the Criminal Code, benchbook, parenting time guidelines, forms and other publications.
These judges have some recommendations for judges across the state based on their personal experiences. Judge Todd reflected “in retrospect, I probably would have been more insistent on timing.” During the closure of the court, arrange immediately for the purchase and delivery of basic supplies and office necessities, such as computers, furniture, internet access and phones. Make sure the computers are adequate and the phones have conference/speaker phone capability. “We now have one computer for our court compared to seven before the disaster and we do not have internet access,” he remarked on the day the court opened for business.
Judge Todd also highly recommends that judges and clerks review their insurance policies. The cost can be well over $500,000 for recovering, securing and re-creating damaged court records. Rules and statutes govern what records must be kept and for how long. If the records are capable of being salvaged, they must be salvaged. Make sure your insurance policy will cover the cost to protect and recover these necessary documents.
Judge Frazier recommends that each court analyze and review their computer program backup systems. “Know what they are, how they work and what it takes to retrieve the information,” she says. Judge Frazier felt fortunate that there was someone in the county who understood the courts’ computer system and its backups. Luckily they were able to retrieve all computer records up to the day of the fire. She commented that she would have felt more confident about the retrieval of the information had she been aware of the backup system’s mechanisms.
Judges Todd and Frazier coordinated with the Jefferson County Bar Association president and met with members of the bar and their staffs to discuss the operations of the court system during the interim. The Judges passed out copies of the Supreme Court Emergency Administrative Order. The attorneys remarked that the Order was a good thing to provide their clients rather than simply telling them that the deadlines were suspended until the court re-opened on June 5, 2009. The judges had an opportunity at the meeting to identify what they would and would not consider an emergency, to explain the mechanics of the three offices during the closure and displacement, and to clear the air on what was expected of both sides. The Judges recommended that this type of meeting gave everyone an opportunity to meet together and ask questions and assist the courts in fleshing out solutions that would work for the community. The staffs of local attorneys participated to help identify some of the details involved with the day to day court business that may not occur to judges and attorneys.
As a side note, Judge Todd acknowledges the professionalism and expertise of the firefighters, police and engineers involved in the rescue of the Jefferson County Courthouse. Judge Todd executed the first court order since the tragedy occurred by allowing trucks from Indianapolis hauling large cranes used to protect the courthouse roof from collapse to exceed the weight restrictions on local roads.
We applaud the efforts Judges Todd and Frazier, Clerk Smith and their staffs in working to reopen the courts of Jefferson County in 12 business days.