I as. 

IN THE COURT OF COMMON PLEAS
GENERAL DIVISION MAR 1 6 2020 
CUYAHOGA COUNTY, OHIO 



Clem. Cage-n;
In Re: 
ORDER DECLARING A JUDICIAL EMERGENCY JOURNAL ENTRY

AND CONTINUITY OF OPERATIONS OF
THE COURT DUE TO COVID-19 PANDEMIC

The Judges Of the Cuyahoga County Court of Common Pleas General Division make the
following findings of fact:

1. The Center for Disease Control and Prevention (CDC) is responding to an outbreak
Of respiratory disease caused by a new coronavirus that was ?rst detected in China and
which has now been detected in more than 100 locations internationally, including in the
United States. The virus has been named and the disease it causes has
been named coronavirus disease 2019 (abbreviated 

2. On January 30, 2020, the International Health Regulations Emergency Committee Of the
World Health Organization (WHO) declared the outbreak a "public health emergency of
international concern". On January 31, 2020, Health and Human Services Secretary Alex M.
Azar  l declared a public health emergency for the United States to aid the nation's healthcare
community in responding to On March 11, 2020, WHO publicly characterized
COVID-19 as a global "pandemic" requiring urgent and aggressive action to control the spread
of the virus.

3. According to the CDC, more cases Of are likely to be identi?ed in the United
States in the coming days, including more instances Of community spread. It is likely that at
some point, widespread transmission Of in the United States will occur. Widespread
transmission of would translate into large numbers Of people needing medical care
at the same time. Schools, childcare centers, and workplaces may experience more
absenteeism. Mass gatherings may be sparsely attended or postponed. Public health and
healthcare systems may become overloaded, with elevated rate of hospitalizations and
deaths. Other critical infrastructure, such as law enforcement, emergency medical services,
and sectors of the transportation industry may also be affected. Healthcare providers and
hospitals may be ovenrvhelmed. At this time, there is no vaccine to protect against 
and no medications approved to treat it. Non-pharmaceutical interventions would be the most
important response strategy.

4. The United States Government has taken unprecedented steps to respond to the
coronavirus and protect the health and safety Of Americans. The US. Government has
cautioned that Americans should be prepared for the possibility of a outbreak in their
community. The community can take measures to reduce the spread As a vaccine
or drug is not available for COVID-19, community-based interventions such as school
dismissals, event cancellations, social distancing, and creating employee plans to work remotely
can help slow the spread Of Individuals can practice everyday prevention measures
like frequent hand washing, staying home when sick, and covering coughs and sneezes.
Decisions about the implementation Of community measures will be made by local and state
Officials, in consultation with federal Officials as appropriate, and based on the scope of the

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outbreak and the severity of illness. Implementation will require extensive community
engagement, with ongoing and transparent public health communications.

5. On March 9, 2020, Ohio Governor Mike DeWine issued Executive Order 2020-01 D,
"Declaring a State of Emergency,? in response to the growing public health crisis.
Governor DeWine and public health officials urged peOple to avoid large indoor gatherings to
minimize close contact and potential exposure to the coughs or sneezes of others. Many Ohio
colleges are going to online learning and extending spring breaks to keep students out of
classrooms. Governor DeWine has ordered that all Ohio schools take an extended three?week
spring break beginning Monday, March 16, 2020. Sporting events have been canceled, including
OHSAA, NBA, MAC, Big Ten, NCAA, and all Cuyahoga County, Cleveland, Columbus, and
Akron professional sports teams. Many local attractions have closed, including Playhouse
Square, Cleveland Orchestra, concerts, shows, museums, and other events. On March 12,
2020, Governor DeWine and Ohio Department of Health Director Amy Acton, M.D., MPH, signed
an order to prohibit mass gatherings in the state of Ohio. Mass gatherings are de?ned as any
event or convening that brings together 100 or more persons in a single room or single space at
the same time such as an auditorium, stadium, arena, large conference room, meeting hall,
theater, or any other con?ned indoor or outdoor space. Subsequent to that action, bars and
restaurants were ordered to essentially cease operations other than delivery and take-out
servrce.

6. The Common Pleas Court General Division has consulted with the Cuyahoga County
Executive, Prosecutor, Public Defender, Clerk, Sheriff, Cuyahoga County Board of Health,
Supreme Court of Ohio, and other local and state agencies, and upon recommendations
obtained from the foregoing, including the US. Government, hereby declares an emergency and
makes the following orders regarding the continuity of operations of the court.

7. Based upon these findings of fact, the Court of Common Pleas General Division has
developed a continuum of flexible responses in case the public health crisis escalates, and to
be in effect until such time as the response to the 19 local health crisis has resulted in
control of the spread of the disease or otherwise until further order of the court. The continuum
of responses is intended to protect public health, to maintain essential court functions, and to
continue to protect the rights of all individuals subject to the authority of the court.

THEREFORE, IT IS HEREBY ORDERED:

1. The local rules of court for the General Division may be temporarily adapted to allow court
flexibility, within constitutional limits, in response to the public health emergency.

2. The Court's security policies may be temporarily amended or supplemented to protect
public health while maintaining essential court functions.

3. The Court's Personnel Policies and Procedures Handbook and other usual and customary
human resource provisions may be temporarily adjusted to maintain essential court operations
and functions.

4. The Court authorizes the use of audio-visual devices and technologies for all actions and
proceedings.

5. This public health emergency may be considered a finding of"just cause" for continuances
deemed necessary by assigned judges on a case-by-case basis.

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6. The Court will have the lawful authority, within constitutional limits, to do and direct to be
done all things necessary to ensure the orderly and efficient administration of justice for the
duration of the declared public health emergency.

7. To that end, all criminal and civil jury trials are suspended for a period of 30 days, unless
a criminal case implicates constitutional ?speedy trial" issues for which a waiver from the
defendant has not been obtained.

8. For any criminal case that must proceed, jurors will be instructed to utilize a ?call?in" system
to determine the necessity of their appearance.

9. Criminal arraignments may be held by video from the Cuyahoga County Correction Center,
any institution of the Ohio Department of Rehabilitation and Correction, or any other facility.

10. Further, all criminal proceedings will be reviewed on a case-by-case basis, with an
emphasis on expediting those cases involving incarcerated individuals.

11. Further, all in?person civil proceedings, except emergency actions, are suspended for a
period of 30 days. Civil proceedings may be conducted via telephone at the discretion of each
individual judge. Any person who is unable to access e-?ling can either utilize regular United
States mail or hand-deliver any filing to the Clerk of Courts.

12. All foreclosure cases are hereby stayed for a period of 60 days. Through a directive from
the County Executive, all Sheriff?s sales are suspended for 60 days. The Sheriff is ordered to
return the order of sale without execution in all Sheriff?s sales cases on the following dates:
March 23, 30, April 6, 13, 20, 27, May 4 and 11, 2020. All private selling officer sales are
suspended as well and the private selling officer shall return the orders of sale.

13. Further, the time suspensions set forth herein may be further extended for a greater period
of time, to include the duration of the public health crisis and public emergency.

14. All individuals, including Court judicial of?cers and personnel, desiring to enter the
courthouse may be subject to available health screening ortesting and excluded from admission
based upon the results of such screening or testing.

15. Any Court employee who exhibits signs of illness must notify their direct supervisor by
telephone or e-mail and shall not come into the courthouse or report for duty. Any individual
within the courthouse who exhibits signs of illness shall be directed to leave the building
immediately and seek medical advice before being permitted to re-enter the building at a later
date.

16. The courthouse shall have three states of opening, use, and operations, as follows, to be
declared by the Court:

A. "Open" means normal operations, with full, healthy, staffing on hand, and full hearings
and trials, both civil and criminal, jury and bench, to the extent possible under the
circumstances.

8. "Open with Restrictions" means only essential judicial and Court personnel may be
on duty in the courthouse, including sufficient security officers, and if a trial, hearing,
or other proceeding must be held, the judge assigned to that case shall conduct a
?just cause? hearing and determine who may be present in the courtroom other than
the litigants, their attorneys, witnesses, jurors and limited media if requested; no other
persons will be permitted entry.

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C. "Closed" means the courthouse is closed for all operations, in which instance, all
filings are preserved to the next business day that the courthouse is not closed, and
all trials, hearings, and appearances are postponed unless the same can be
conducted electronically.

17. The Court shall attempt to minimize the social interaction of litigants, attorneys, witnesses,
jurors, law enforcement personnel, and judicial personnel by continuing non?essential
proceedings or conducting proceedings, to the extent practicable, by remote video, telephonic
or other available technological means.

18. The Cuyahoga County Clerk of Courts shall conduct business in the clerk's offices, with
essential personnel only, as determined by the clerk, and may determine to conduct the receipt
of filings or other transactions via e-filing or other designated methods determined by the Clerk.

19. Judicial officers may file all orders electronically (e?filing), serve orders by email
notification, and use video and telephone conferencing in an effort to reduce the number of
people who come into the courthouse each day.

20. Any proceedings conducted electronically where a record is desired or necessary, the
Court and parties shall jointly craft a statement in lieu of a transcript of the proceedings in
accordance with the appellate rules.

21. The Cuyahoga County Grand Jury for the May Term 2020 shall be empaneled, if possible,
on May 4 - 5, 2020, and the Grand Jury for the January Term 2020 shall not be discharged, but
its service may be modified and maintained by further order of the Court.

22. Employees of the court not on duty in the courthouse shall work, to the extent possible,
remotely, and in accordance with the directives of their department head and/or supervisor.

23. When the emergency subsides, the Court will enter an order declaring an end to the
emergency and a resumption of normal operations.

24. This "Temporary Order" is ordered to be served on the Supreme Court of Ohio, Ohio
Judicial Conference, Municipal Courts in Cuyahoga County, Cuyahoga County Clerk of Courts,
Cuyahoga County Adult Probation Department, Cleveland Metropolitan Bar Association,
Cuyahoga County Prosecutor's Office, Cuyahoga County Public Defender's Office, Cuyahoga
County Criminal Defense Lawyers Association, Cuyahoga County Sheriff, Cuyahoga County
Board of Health, Cuyahoga County Executive, Cuyahoga County Council, the website of this
Court, and distributed to the media.

ITIS ORDERED.

CUYAHOGA COUNTY COMMON PLEAS COURT - GENERAL DIVISION

?520,10

HON. BRENDA DATED
ADMINISTRATI PRESIDING JUDGE 

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