Rule 45: Court Emergency Measures

Courts within a judicial circuit shall prepare for emergencies and disruptions in court business by adopting and periodically reviewing a consolidated plan addressing the safety and security of employees and the public, continuity of operations and their immediate response to crises.

a. Court Security and Facilities

In coordination with local and/or state public safety officials, courts shall develop and annually update court security policies and procedures and a short-term emergency response program that anticipates safeguarding lives and property.

b. Court Operations

At a minimum, each plan for the continuity of court operations shall identify:

i. Essential activities and functions to be performed;
ii. Vital records, systems and equipment, and provide for their protection;
iii. Automatic succession of leadership and delegation of authority;
iv. One or more relocation sites, and provide for their preparation;
v. Employees to perform essential activities and functions, and provide for their training;
vi. Means for warning employees, the public and the media of potential threats and recommended actions;
vii. Means for identifying the location and status of employees following an emergency;
viii. Means for communicating with employees and the public subsequent to an emergency;
ix. Means for restoring normal functions as soon as is feasible and prudent; and
x. Regular training for employees with specific emergency responsibilities and for all employees that may be affected by disruptions to operations.

c. Court Emergency Order

Upon his or her own motion or after consideration of a request by another judge or court official, the chief judge of a court experiencing an emergency or disruption in operations may issue an order authorizing relief from time deadlines imposed by statute or court rule until the restoration of normal court operations or as specified. The order shall contain (1) the identity and position of the judge, (2) the time, date and place executed, (3) the jurisdiction affected, (4) the nature of the emergency, (5) the period of duration, and (6) other information relevant to the suspension or restoration of court operations.
The duration of a court emergency order is limited to a maximum of thirty days. The order may be extended no more than twice by the issuing judge for additional thirty-day periods, and any extensions shall contain information required in the original order.
The court emergency order may designate one or more facilities as temporary courthouses which shall be suitable for court business and located as near as possible to the county seat.