Md. Admin. Order of 2016-01-15 (Closure Due to Emergencies of Non-Court Judicial ...)

IN THE COURT OF APPEALS OF MARYLAND

ADMINISTRATIVE ORDER ON THE CLOSURE DUE TO EMERGENCIES OF

NON-COURT JUDICIAL FACILITIES LOCATED IN ANNE ARUNDEL COUNTY

WHEREAS, Pursuant to the Maryland Constitution, Article IV § 18, and

Maryland Rule 16-101(a), the Chief Judge of the Court of Appeals is granted the

authority to close non-court judicial facilities in the event of an emergency; and

WHEREAS, Consistent with Maryland Rule 16-101(a)(1)(C), it may be necessary

to delegate the authority to close non-court judicial facilities in instances of emergency

conditions,

NOW THEREFORE, I, Mary Ellen Barbera, Chief Judge of the Court of Appeals

and administrative head of the Judicial Branch, pursuant to the authority conferred by

Article IV, § 18 of the Maryland Constitution and Maryland Rule 16-101(a), do this 15th

day of January 2016 order as follows:

(a) Applicability. This Order applies to the non-court facilities of the

Administrative Office of the Courts (AOC), District Court Headquarters

(DCHQ), and all court related agencies, as defined by Maryland Rule 16 -

101(e), referred to herein collectively as “Judiciary Offices,” located within

Anne Arundel County.

(b) Emergency Condition. Emergency Condition includes:

(1) Declared State of Emergency. A “Declared State of Emergency” is

a disaster of such magnitude and/or scope that the welfare or safety

of the citizens and court staff are seriously endange red. During a

Declared State of Emergency, communications may be limited or

unavailable, and a Continuity of Operations (COOP) plan may be in

effect.

(2) Weather Related Emergency. A “Weather Related Emergency” is

an event of nature that causes, or threatens to cause, serious injury,

death, or extensive property damage and prevents the operation of

the Judiciary Offices. Such events include floods, fires, tornadoes,

hurricanes, major winter storms, and other similar events.

(3) Emergency Facilities Condition. An “Emergency Facilities

Condition” includes the breakdown of major systems such as

electric, HVAC, lighting, water, and sewer directly impeding the

operation of Judiciary Offices that cannot be addressed or rectified

through alternate systems or processes.

(4) Other Emergency Conditions. An “Other Emergency Condition” is

any other condition involving the threat of imminent and severe

bodily harm of individuals within Judiciary Offices or a ny other

condition involving the imminent destruction of all or part of a

Judiciary facility.

(c) Considerations. E very effort should be made not to close any or all of the

Judiciary Office s unless necessary to do so and to reopen as soon as is

practicable, even in a limited capacity.

(d) Authority.

(1) State of Emergency. In the event a State of Emergency is declared

by the Governor, the Chief Judge of the Court of Appeals will

determine to what ex tent administrative operations shall continue,

conferring as necessary with the State Court Administrator and the

Chief Judge of the District Court.

(2) All Other Emergency Conditions.

(A) For all other emergency conditions, the authority to close the

Judiciary Offices is delegated to the State Court

Administrator and the Chief Judge of the District Court, who

shall exercise this authority together unless one or the other is

not able to be reached.

(B) For any emergency condition not affecting the collective

Judiciary Office facilities, the State Court Administrator is

delegated closure authority for AOC stand-alone facilities and

court related agencies and the Chief Judge of the District

Court is delegated closure authority for DCHQ stand-alone

facilities.

(C) This del egated authority shall be exercised, whenever

possible, in consultation with the Chief Judge of the Court of

Appeals.

(D) The Chief Judge of the Court of Appeals retains the authority

under the Constitution and Rule 16-101(a) to determine that

some or all of the Judiciary Offices will remain open or are to

re-open.

(e) Reporting Closures and Notice. So that there will be a central source of

information with respect to closures, all decisions to close any or all of the

Judiciary Offices shall be communicated to the Office of Communications

and Public Affairs within the Administrative Office of the Courts.

/s/ Mary Ellen Barbera

Mary Ellen Barbera

Chief Judge

Court of Appeals of Maryland

Filed: January 15, 2016

/s/ Bessie M. Decker

Bessie M. Decker

Clerk

Court of Appeals of Maryland