# Presentation: 393241

## Court Proceduresunder theMinnesota 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.” *

## Introduction

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

## Quick Overview for Initiating Legal Process for I/Q

**Quick Overview for Initiating ****Legal Process for I/Q**

## 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**

## 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 **

## 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**

## 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)**

## Right to a Court HearingTypes of Court Hearings

**A person or the person’s 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 day’s notice of hearing)**
**A person subject to an order may request a hearing to contest the conditions of I/Q**

## 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**

## 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**

## 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**

## 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**

## 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?**

## 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**

## Contact Information

**Mike Moriarity**
**Civil Court Administrator**
**15 West Kellogg Blvd, Suite 600**
**St. Paul, MN 55102**
**651-266-8255**
**Fax 651-266-8263**
**Email: michael.moriarity@courts.state.mn.us**