COURT OF COMMON PLEAS, GENERAL DIVISION MUNICIPAL COURT HAMILTON COUNTY, OHIO IN RE: COURTHOUSE OPERATIONS AND M200001 ACCESS UNDER EXIGENT CIRCUMSTANCES CREATED BY JOINT AMENDED ADMINISTRATIVE ORDER In response to the public health crisis created by COVID-19 and the actions taken by federal, state, and local of?cials, the Hamilton County Courts have taken proactive steps in an effort to maintain critical Court functions while attempting to mitigate the unprecedented risks to participants, Court staff, and the public caused by the COVID-19 pandemic. Through a series of Administrative Orders, the Hamilton County Court of Common Pleas, General Division and the Hamilton County Municipal Court (the ?Courts?) have limited in-person operations and access to the Courthouse at 1000 Main Street and other court facilities to comply with public health orders and guidelines:l On April 27, 2020 the Governor introduced Responsible RestartOhio which is intended to protect the health of employees, customers, and their families, support community efforts to control the spread of COVID-19, and responsibly get Ohio back to work.2 On April 28, 2020 the Chief Justice of the Ohio Supreme Court issued updated guidance to Ohio Courts.3 In her message to Ohio judges, the Chief Justice advised that the courts need to ?continue to operate within the directives of the Governor and the Director of Health? and urged courts to adopt mandatory practices and recommended best practices. The Courts have already limited access and monitor all who enter Court Facilities to assess health. In addition to these measures, the Chief Justice directed ?[s]ocial distancing, masks, cleaning, etc. as outlined in the Responsible RestartOhio General Of?ce Environments must be in place for everyone.? More recently in her May 7, 2020 communication with Ohio Courts, the Chief Justice urged as follows: 1 See March 13, 2020, Joint Administrative Order in re Courthouse Operations Under Exigent Circumstances Created by Covid-19, No. March 24, 2020, Joint Administrative Order in re Courthouse Access Under Exigent Circumstances Created by COVID-19, No April 6, 2020, Amended Administrative Order re Courthouse Access under Exigent Circumstances Created by COVID-19, and, April 6, 2020 Joint Administrative Order in re Courthouse Access Screening Under Exigent Circumstances Created by 2 3 The Supreme Court?s Guidance to Local Courts COVID-19 Public Health Emergency issued on March 30,2020 remains valid. Page 1 of 6 I ask that you stay the course. Please remember, courts are not like stores, restaurants, or salons. When people come into our courthouses, they most often are not doing so by choice but instead, they are appearing because they have been summoned to appear either as a party to a case, as a witness, or as a juror. As such, we must be cautious in who we require to appear - even now, as restrictions begin to be relaxed and we should require an in-person appearance only in cases with immediate need. In all other cases, we should look for ways to move forward using technology. People summoned into court should not have to choose between compliance with a court order and the risk to their health or that of their families. Given the continued threat to public safety posed by the pandemic, and to comply with the foregoing directives and guidance, effective immediately and through July 1, 2020, or further order, the Courts modify their previous COVID related Administrative Orders, and hereby Order as follows: 1. This Joint Amended Administrative Order applies to all Court Facilities. For purposes of this order, ?Court Facilities? includes the Hamilton County Courthouse at 1000 Main Street (Courthouse), and to Common Pleas, General Division and Municipal Court employees who work in the Hamilton County Justice Center at 1000 Sycamore Street (Justice Center), and the Times Star Building at 800 Broadway, and to anyone entering those buildings to access Common Pleas, General Division and Municipal Court services offered therein. In an effort to limit large gatherings and ensure social distancing is maintained within all areas of the Courthouse, each Common Pleas and Municipal Court judge shall limit in-person proceedings to two days a week between Monday and Thursday as provided in the attached Exhibit. Judges may schedule in-person proceedings on Fridays in the Courthouse with prior notice to the reSpective Administrative Judge. Municipal Court Judges may schedule additional dockets in courtrooms located in the Justice Center at the discretion of the Municipal Court Administrative Judge. The measures taken in this Joint Administrative Order to limit in-person proceedings, and which are intended to facilitate State of Ohio public health guidelines, do not affect the Courts? consideration of motions or other court matters that can be resolved without in?person appearances. Telephonic and video conferences are encouraged and may proceed as appropriate at the discretion of the individual judge. In-person access to Court Facilities is hereby limited to those whom are conducting or are necessary to critical court proceedings. For purposes of this Order, ?critical court proceedings? are limited to: Page 2 of 6 Criminal matters involving individuals in custody; . Emergency civil matters including: i. Motion for Temporary Restraining Order; ii. Civil Stalking Protection Order; and, Pending garnishment hearing. In addition to criminal matters involving individuals in custody, and emergency civil matters, no more than twenty (20) Municipal Court cases set at two?hour intervals and ?fteen (15) Common Pleas cases, shall be scheduled and proceed before the assigned judge on each of two assigned days as indicated in the attached Exhibit and are hereby limited to: 1. Matters scheduled in advance which appear on the docket on the judge?s two assigned days; ii. Matters that cannot reasonably be accomplished remotely though teleconferencing; Matters that require immediate attention, and iv. Matters that do not require large gatherings (matters that cannot conform to social distancing guidelines), including proceedings that require the presence of victim(s) and multiple witnesses. If a party, victim, or witness that would be compelled to attend such a proceeding expresses a health concern due to continuances shall be liberally granted until after the expiration of this Order. . Any matters that do not meet the de?nition of ?critical court proceedings? may only proceed with the express prior consent of the Presiding and Administrative Judge of the respective Court. Limited in?person services provided by Adult Probation and Pretrial Services as authorized by Court Administration. Individuals who are required to report to the Hamilton County Sheriff?s Of?ce within the Courthouse to ful?ll sex offender registration and arson offender registration requirements under Ohio law shall be admitted for reporting purposes and shall be escorted by a Sheriff 8 Deputy at all times while within the Courthouse. . Law enforcement of?cers with search warrants. Page 3 of 6 5. 10. Aside from essential County and Court staff, access to Court Facilities shall be permitted only to individuals necessary to critical court proceedings, as de?ned herein, and are limited to: Attorneys, Witnesses, and victims; Law enforcement of?cers with search warrants; The press; Parties to critical court proceedings; and, No more than two (2) immediate family members of parties will be permitted to observe critical court proceedings. For purposes of this Order, ?immediate family members? include: a spouse or partner; parents; siblings; and children. Minor children may be prohibited at the discretion of the individual judge. 939.057?? Emergency civil matters, as de?ned herein, shall be ?led in-person at the Clerk of Court?s Of?ce at the Hamilton County Courthouse. Electronic ?ling through the Clerk of Courts e??ling portal is strongly encouraged for all civil ?lings, except for emergency civil matters as de?ned herein. All civil electronic ?lings will be deemed accepted and ?led on the date submitted without regard to when the Clerk of Courts is able to process ?lings due to reduced staf?ng within the Clerk?s Of?ce. With regard to criminal matters, due to the effect of public health recommendations on the availability of counsel and court staff to be present in the courtroom, the continuances implemented by this Joint Amended Administrative Order, are subject to RC. ?Extension of Time for Hearing or Trial? and with regard to all matters continuances are subject to AM. SUB. HE. 197 22. The Court speci?cally ?nds the public health interests are paramount and the ends of justice are best served by this Amended Joint Administrative Order. To the extent this Order con?icts with any of the Courts? previous related Administrative Orders, this Amended Joint Administrative Order supersedes. The Chief Deputy Jury Commissioner is hereby ordered to suspend summons for petit juries until further order of the Court. Anyone authorized to enter Court Facilities under this Joint Amended Administrative Order shall be required to follow all applicable public health guidelines. Speci?cally, it is hereby ordered that any person entering Court Facilities, including all Hamilton County elected of?cials, county and Court employees, contractors, and anyone seeking to participate in or attend a Court proceeding, and anyone seeking to conduct business or access services within Court Facilities, shall: Page 4 of 6 . Submit to screening questions and a noninvasive temperature check with touchless (forehead/temporal artery) thermometers administered at the discretion of Court Security Staff/Hamilton County Deputy Sheriffs prior to admission. . Anyone who, within the last 14 days, has been exposed to someone suspected or con?rmed to have COVID-19 shall not be permitted to enter the Courthouse. Any individuals exhibiting signs of respiratory infection (cough, fever, shortness of breath) may be denied access at the discretion of the Court Security Of?cer/ Deputy Sheriff. If the individual screened has a temperature of 100.4 degrees Fahrenheit or higher, they shall not be admitted to the Courthouse. Employees who are denied admission based on a temperature check shall report the incident as soon as practicable to their supervisor via telephone or email. Anyone seeking to attend a court hearing shall be instructed to call their attorney or the courtroom staff of the judge presiding over the proceedings. If any individual refuses to submit to screening they shall not be admitted to the Courthouse. . Employees must perform a daily assessment before coming to work and must stay at home if they develop a fever or exhibit signs of a respiratory infection. Observe social distancing, keeping a minimum of six (6) feet of distance between people, at all times in all areas. Shall at all times wear a face covering or mask made of cloth or a similar material that covers the nose, mouth, and chin at all times, and is separate and apart from one?s clothing, and does not obscure the identity of the person (ski masks and similar facial coverings are prohibited), unless: i. A face covering is not advisable for a documented health reason; ii. An employee is alone in an enclosed area; There is a practical reason a face covering cannot be worn a judge may lower their facial covering to ensure litigants can hear the judge during a proceeding) and a judge expressly permits the temporary removal; and, iv. The Sheriff or his or her designee, may regulate the use of face coverings in their designated of?ce space located in Room 260 of the Courthouse at his or her discretion. Page 5 of 6 11. The Hamilton County Sheriff and his or her Deputies and other agents shall not be liable for anyone admitted or denied access to Court Facilities regardless of such person?s medical health. 12. This Joint Amended Administrative Order is effective June 1, 2020 and through July 1, 2020, or until further order of the Courts. IT IS SO ORDERED. ?1 I), ,4 Hon. Charles J. Kubicki, Jr. Hon. Heather S. Russell Presiding Judge, Court of Common Pleas Presiding and Administrative Judge Administrative Judge, General Division Municipal Court Page 6 of 6 COURT OF COMMON PLEM HAMILTON COUNTY, OHIO DOCKET SCHEDULE JUNE 1, 2020 - JULY 1, 2020 TUESDAY JUDGE BURKE JUDGE HEEKIN JUDGE KUBICKI JUDGE COOPER JUDGE FOLEY JUDGE LUEBBERS JUDGE NESTOR JUDGESHANAHAN RIDAY JUDGE BERI DON JUDGE RUEHLMAN THURSDAY JUDGE CALLAN JUDGE DINKELACKER JUDGE GHIZ JUDGE MARSH JUDGE METZ THURSDAY JUDGE ALLEN Hamilton County Municipal Court Docket Schedule Monday/Wednesday Tuesday/Thursday Judge Berkowitz Judge Bender Judge Trotter Bratton Judge Berry Judge Greenberg Judge Bouchard Judge W. Mallory Judge Ginocchio Judge Russell Judge Kissinger Judge Triggs Judge D. Mallory Judge Yates Judge Peck