Md. Admin. Order of 2016-01-20 (Closure Due to Emergencies of the State ...)

IN THE COURT OF APPEALS OF MARYLAND

ADMINISTRATIVE ORDER ON THE CLOSURE DUE TO EMERGENCIES OF

THE STATE LAW LIBRARY

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 Mar yland Constitution and Maryland Rule 16-101(a), do this 20th

day of January 2016 order as follows:

(a) Applicability. This Order applies to the State Law Library.

(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 endangered. 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 State

Law Library. 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,

(4) HVAC, lighting, water, and sewer directly impeding the operation of

the State Law Library that cannot be addressed or rectified through

alternate systems or processes.

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

any other condition involving the threat of imminent and severe

bodily harm of individuals within the State Law Library or any other

condition involving the imminent destruction of all or part of the State

Law Library facility.

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

State Law Library 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 extent administrative operations shall continue.

(2) All Other Emergency Conditions.

(A) For all other emergency conditions affecting operations

during the normal operating hours of the Judiciary, the

authority to close the State Law Library is delegated to the

State Court Administrator.

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

State Law Library when it is scheduled to operate beyond the

normal operating hours of the Judiciary is delegated to the

State Law Librarian.

(C) The Chief Judge of the Court of Appeals shall be informed of

a closure of the State Law Library as soon as is practicable.

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

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

the State Law Library will remain open or is 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 the State Law

Library 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 20, 2016

/s/ Bessie M. Decker

Bessie M. Decker

Clerk

Court of Appeals of Maryland