By Amanda Wishin, Research Attorney | Office of Court Services
Effective January 1, 2020, Administrative Rule 19 was amended to require that the courts of each county work together to draft a single court security plan that includes a continuity of operations plan. Court Security Committee Chair Magistrate Jason Reyome: “You can’t predict when something terrible is going to happen, but you can plan ahead to help prevent or at least minimize negative outcomes. Hannibal Smith from the 80s action show A-Team said it best, ‘I love it when a plan comes together.’”
Administrative Rule 19
The courts of each county shall develop and implement a court security plan to ensure security in court facilities. The security plan shall include a continuity of operations plan. The courts of each county shall implement a single court security plan, but consider the needs for each court facility within that county. The plan should conform to the Indiana Courthouse Security Minimum Standards unanimously adopted by the Judicial Conference of Indiana. The courts of each county shall submit their court security plan to the Indiana Office of Court Services biennially.
To ensure security in court facilities, a court security plan, including any security policy and procedures manual adopted as part of the security plan, shall be excluded from public access pursuant to Indiana Code 5-14-3-4(b)(19).
The plan must be reviewed, amended as needed, and submitted to the Indiana Office of Court Services every 2 years. As of publication of this article, 70 of Indiana’s 92 counties have submitted a security plan.
Guidance
Counties have been provided with guidance in drafting their plans in the Minimum Security Standards that were adopted by the Judicial Conference Board of Directors. The Minimum Security Standards are located on INcite in the Benchbook Application under security documents and can be used as an outline to make sure each necessary area of security is addressed in the security plan. It is important to note that the Standards are not a mandate, but a goal to work towards.
Many continuity of operations lessons were learned in 2020 and 2021, but courts should be prepared for all types of disasters.
Collaboration
As noted in these Standards, before the drafting begins, it is important to create a courthouse security committee and draft a plan for security that your county can implement. Committee members should include the sheriff, judges, representatives of the county commissioners, council, prosecutor and clerk, and a member of the police department/fire department/EMS in the city or town in which the courthouse is located. Other county office holders are also recommended. A key to creating a successful plan is getting everyone involved on the same page in dealing with security issues. This can also be useful when additional funding is needed for equipment and personnel.
Evaluation
Indiana Supreme Court Sheriff Joe Dowdell and his team are available to provide an in-person courthouse security assessment and written report. “Putnam County went through the Supreme Court Sheriff’s assessment, and it really helped us solidify a plan by seeing our strengths and areas we needed improvement. The Sheriff and his team were able to compare our county with other counties to help standardize some processes across all jurisdictions. Sheriff Joe is a huge asset to making your plan a reality,” reported Judge Matthew Headley.
The Sheriff and his team were able to compare our county with other counties to help standardize some processes across all jurisdictions. Sheriff Joe is a huge asset to making your plan a reality
Judge Matthew Headley
Carroll Superior Court Judge Troy Hawkins agreed, “Sheriff Dowdell and his team’s meticulous assessment of our courthouse proved invaluable as we crafted and implemented our security plan from square one. Their comprehensive approach provided the foundation we needed to ensure the safety of our employees and those visiting the courthouse.”
To request assistance from the Indiana Supreme Court Sheriff, counties must complete pre-assessment work by creating a courthouse security committee and drafting certain policies. Counties must also agree that key parties will be present during the assessment and commit to submitting their completed security plan within 90 days of receiving their courthouse security assessment report.
Funding
The Supreme Court has funds available through the court reform grant program. This grant opens in the fall, and courts may request grant funds for projects related to improving safety and security for court staff and others using the court building. Grants requesting salary for security personnel are not awarded unless the application demonstrates how the personnel will be funded locally after the conclusion of the grant period.
COOP
Administrative Rule 19 also requires a continuity of operations plan. The COVID-19 pandemic illustrated the necessity of having such a plan in place as counties balanced public health and safety with the Indiana Constitution’s Open Courts Clause. Many continuity of operations lessons were learned in 2020 and 2021, but courts should be prepared for all types of disasters.
If interested in scheduling a courthouse security assessment, email Indiana Supreme Court Sheriff Joe Dowdell at [email protected]. If you have questions about drafting your plan or would like to turn in your security plan, email Amanda Wishin at [email protected].
For more information about security standards, see the National Center for State Courts’ Steps to Best Practices for Court Building Security
For assistance in drafting a thorough continuity plan, see the National Center for State Courts’ Continuity of Operations Planning Guide and Template
For court reform grant applications, see the courts.in.gov website
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