Court Procedures under the Minnesota Emergency Health Powers Act

1
Court Proceduresunder theMinnesota Emergency
Health Powers Act

• Michael G. Moriarity, J.D.
• Civil Court Administrator
• Ramsey District Court

"The findings and conclusions in this
presentation have not been formally disseminated
by the Centers for Disease Control and Prevention
and should not be construed to represent any
agency determination or policy.
2
Introduction

• Implementation of the order, hearing, appointment
  of counsel, and due process procedures
• Unanswered questions and next steps

3
Quick Overview for Initiating Legal Process for
I/Q
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Temporary Hold Upon Commissioner's Directive

• Ramsey District Court notified via designated
  phone tree
• Weeknight and weekend duty Judges are available
  on call
• Temporary Hold faxed to Ramsey District Court
• Judicial assignment procedures readied

5
Petition for Ex Parte Order

• Petition filed within 24 hours of Temporary Hold
• Ramsey County will exercise statewide
  jurisdiction to hear all Ex Parte Petitions
• Petition will be filed in the Civil Division

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Ex Parte Order

• Judge will review Petition and Supporting
  Affidavits and may conduct hearing in person, by
  telephone, facsimile transmission, video
  equipment or other electronic means
• Order issued if probable cause exists
• Court must rule within 24 hours of receipt of
  application

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Ex Parte Order

• State specific facts
• Inform person of right to a court hearing and how
  to request that hearing
• Inform person of right to counsel and how to
  obtain counsel
• Ensure notice provisions of statute are carried
  out and determine best means available to provide
  notice to affected person(s)

8
Right to a Court HearingTypes of Court Hearings

• A person or the persons representative may
  petition the court to contest the order
• The Commissioner may petition the court to extend
  the duration of an order (must give three days
  notice of hearing)
• A person subject to an order may request a
  hearing to contest the conditions of I/Q

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Court Hearings

• Petition to be filed in Ramsey District Court in
  accordance with existing laws and rules of the
  court unless national emergency
• If a petition is filed, court must hold hearing
  within 72 hours (7 days if hearing is on
  conditions of I/Q)
• Ramsey will exercise statewide jurisdiction and
  conduct these hearings

10
Right to Counsel

• Person has a right to counsel, or other lawful
  representative, and if indigent, to be
  represented by counsel designated by the Court or
  the County of Venue
• Ex Parte Order will have an attachment with
  information on how to request court appointed
  counsel
• Issue non-indigent person requests court
  appointed counsel

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Hearing Procedures

• Person has a right to appear at the hearing
• How that person appears will depend upon each
  individual case
• Ramsey will be prepared to offer appearances by
  telephone and ITV video
• If the person appears by electronic means, steps
  will be taken to ensure the person has immediate
  ability to consult with counsel if counsel is not
  with the person

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Hearing Procedures

• If an in-person hearing is held, full infection
  control measures will be followed and expected of
  all participants
• If counsel is with the person in the I/Q site,
  infection control measures will be followed

13
Notice and Service Issues

• Immediate notice to person or group subject to
  I/Q
• Copy provided to Commissioner of Public Safety
• Copy to peace officers known to Commissioner to
  have jurisdiction over site
• Other courts with concurrent jurisdiction?

14
Next Steps

• Create Defense Panel list
• Address hearing, notice and other due process
  questions
• Continue to work on logistical issues
• Continue to solicit feedback and suggestions

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Contact Information

• Mike Moriarity
• Civil Court Administrator
• 15 West Kellogg Blvd, Suite 600
• St. Paul, MN 55102
• 651-266-8255
• Fax [phone]
• Email michael.moriarity_at_courts.state.mn.us