1. Developing Your Court’s Response to Pandemic Influenza
“Keep the Courts Open”
Developing Your Court’s
Response to Pandemic Influenza

2. Presentation Overview
Practical Steps in Court Preparedness Planning
Examples of Effective Court Preparedness Planning and Response
The Pandemic Influenza Threat
Practical Steps in Court Preparedness Planning Related to the Pandemic Threat

3. Practical Steps in Court Preparedness Planning
“Keep the Courts Open”
Practical Steps in Court
Preparedness Planning

4. Chief Justices of the Florida Supreme Court, 9/11 to Present
Leadership Leads
We must deal with crises in a way that protects the health and safety of everyone inside our facilities
We must “keep the courts open” to ensure justice for the people
Justice Lewis
Justice Wells
Justice Pariente
Justice Anstead
Chief Justices of the Florida Supreme Court, 9/11 to Present

5. Dedicate Staff Emergency Coordinating Officer (ECO)
Public Information Officer (PIO)
A branch-wide ECO and PIO
Alternates for each ECO and PIO

6. Get Connected Homeland security Emergency operations Law enforcement
Fire and rescue
Health officials
Media

7. Establish a Local Policy Group
Local group to develop local policy
Who is the decision maker(s)?
What are your mission essential functions?
Where is your alternate facility?
Who performs the mission essential functions at the alternate facility?
Membership from all relevant stakeholders
Means to develop policy given the multiple players and multiple constitutional officers
In Florida this group is referred to as the
Court Emergency Management Group (CEMG).

8. Develop an Operational Team
Judges, officials, and staff who will actually perform the mission essential functions if the COOP is activated
Must be provided (or must maintain) all the resources necessary to perform their assigned mission essential functions
Resources agreed to be provided by the alternate facility
The CEMT members maintaining “black-bags”
Pre-positioning resources at the alternate facility
Must have a family disaster plan
In Florida this team is referred to as the
Court Emergency Management Team (CEMT).

9. Develop Two Types of Plans
Administrative and Emergency Procedures
Continuity of Operations Plans (COOP)

10. Administrative and Emergency Procedures
Emergency Pending or Occurs
Initial Response to Emergencies Will be Outlined and Should be Followed Based on the Administrative and Emergency Procedures
Does Emergency Cause
the Closure of Primary Facility?
An Individual or Group will make an Initial Assessment as to Whether or Not the Primary Facility Needs to be Closed
Immediately
Is the Length of the Closure Minimal and Acceptable?
Yes
Handle the Emergency Situation as Outlined in the Administrative and Emergency Procedures No
Address Emergency and Resume Full Operations in Primary Facility
Yes
Address Emergency and Resume Full Operations in Primary Facility No
COOP
A copy of this PowerPoint is available at
(Click on “Emergency Preparedness”)

11. Continuity of Operations Plan (COOP)
Activate COOP and Begin the Process toward Performance of Mission Essential Functions in a Predetermined and Temporary Alternate Facility
Can Full Operations in Primary Facility be Reconstituted in 30 Days?
An Individual or Group will Assess Whether or Not Full Operations in the Primary Facility can be Reconstituted within 30 Days of COOP Activation
Immediately
Perform Mission Essential Functions under the COOP on a Temporary Basis
Yes
Perform Mission Essential Functions under the COOP on a Temporary Basis No
Immediately Begin Efforts to Reconstitute Full Operations within 30 Days in a Long-Term Alternate Facility
Transfer Back into Full Operations in the Primary Facility
Full Operations in a Long-Term Alternate Facility Initiated within 30 Days
A copy of this PowerPoint is available at
(Click on “Emergency Preparedness”)

12. Templates to Help Develop the Two Plans
Administrative and Emergency Procedures
Checklist for Administrative and Emergency Procedures
Decision Making Guide
Employee Directory
Family Disaster Plan
Agency Directory
Continuity of Operations Plans
Mission Essential Functions
Alternate Facilities
Continuity of Operations Plan
Copies of these templates are available at
(Click on “Emergency Preparedness”
then click on “Planning Templates.”)

13. Examples of Effective Court Preparedness Planning and Response
“Keep the Courts Open”
Examples of Effective Court
Preparedness Planning and Response

14. Examples of the Impact of Hurricane Ivan
M.C. Blanchard Courthouse in Pensacola Florida

15. Examples of the Impact of Hurricane Ivan
M.C. Blanchard Courthouse in Pensacola Florida

16. The Primary Alternate Facility
The Pensacola Civic Center

17. Courtrooms at the Alternate Facility
Courtroom with Jury Box at the Alternate Facility

18. Mission Essential Functions at the Alternate Facility
Justice Barbara J. Pariente visits Pensacola
to Review the Response to Hurricane Ivan

19. Long-Term Alternate Facilities
Judicial Trailer Park

20. Examples of the Impact of Hurricane Dennis
Santa Rosa County Courthouse in Milton Florida

21. Examples of the Impact of Hurricane Dennis
Santa Rosa County Courthouse in Milton Florida

22. The Pandemic Influenza Threat
“Keep the Courts Open”
The Pandemic Influenza Threat

23. A Unique Concern for Florida

24. Current Status Interpandemic period Pandemic alert period
Phase 1:
No new influenza virus subtypes have been detected in humans. An influenza virus subtype that has caused human infection may be present in animals. If present in animals, the risk of human infection or disease is considered to be low.
Phase 2:
No new influenza virus subtypes have been detected in humans. However, a circulating animal influenza virus subtype poses a substantial risk of human disease.
Pandemic alert period
Phase 3:
Human infection(s) with a new subtype but no human-to-human spread, or at most rare instances of spread to a close contact.
Phase 4:
Small cluster(s) with limited human-to-human transmission but spread is highly localized, suggesting that the virus is not well adapted to humans.
Phase 5:
Larger cluster(s) but human-to-human spread still localized, suggesting that the virus is becoming increasingly better adapted to humans but may not yet be fully transmissible (substantial pandemic risk).
Pandemic period
Phase 6:
Pandemic: increased and sustained transmission in general population.
Postpandemic period
Return to interpandemic period.
WHO global influenza preparedness plan. World Health Organization. Switzerland: Department of Communicable Disease Surveillance and Response, 2005.

25. Current Status WHO (16 Oct 06) Human deaths Bird deaths
256 cases, 151 deaths
10 countries
Bird deaths
150 – 200 million bird deaths
>50 countries (Asia, Europe, Africa)
Based on a PowerPoint presented by Dr. Bill Tynan entitled "Pandemic Influenza: Comprehensive Response Planning" presented at the CLE sponsored by the Health Law Section of The Florida Bar in Tampa, Florida on Sept 15, Data has been updated based on information available on the World Health Organization’s website.

26. Seasonal versus Pandemic Influenza
Seasonal Pandemic
Yearly Rarely
Familiar virus New virus
Mild/moderate Severe symptoms
symptoms
Very young, very old, Healthy people
health problems
Vaccine available No vaccine
Based on a PowerPoint presented by Dr. Bill Tynan entitled "Pandemic Influenza: Comprehensive Response Planning" presented at the CLE sponsored by the Health Law Section of The Florida Bar in Tampa, Florida on Sept 15, 2006.

27. Historical Data Deaths Frequency of pandemics ~ every 35 years
1918 pandemic (Spanish Flu) 50 – 100 million worldwide
1957 pandemic (Asian Flu) 2 million worldwide
1968 pandemic (Hong Kong Flu) 1 million worldwide
Annual seasonal influenza 250,000 – 500,000 worldwide
Frequency of pandemics ~ every 35 years
Duration of pandemics 1 – 3 years
Waves in a pandemic 1 – 3, 4 – 8 weeks/wave
Based on a PowerPoint presented by Dr. Bill Tynan entitled "Pandemic Influenza: Comprehensive Response Planning" presented at the CLE sponsored by the Health Law Section of The Florida Bar in Tampa, Florida on Sept 15, 2006.

28. Planning Assumptions Attack rate 35% of population
Treatment rate 75% of cases
25% of population
Hospitalization rate 10% of cases
Case fatality rate 2% (2% - 50%) of cases
Reproduction number 2 people
Incubation period 2 days (1 – 8 days)
Life span on an object A few minutes to several hours (like a piece of paper) depending on environmental conditions
Based on a PowerPoint presented by Dr. Bill Tynan entitled "Pandemic Influenza: Comprehensive Response Planning" presented at the CLE sponsored by the Health Law Section of The Florida Bar in Tampa, Florida on Sept 15, 2006.

29. Outbreak Control Tools
Infection control (Hand washing, cough/sneeze etiquette, masks, gloves, etc.)
Isolation for the sick
Quarantine for the exposed
Social distancing
(Three feet apart)
Sheltering in place
Vaccines
Antivirals
Weeks
Impact
Prepared
Unprepared
Based on a PowerPoint presented by Dr. Bill Tynan entitled "Pandemic Influenza: Comprehensive Response Planning" presented at the CLE sponsored by the Health Law Section of The Florida Bar in Tampa, Florida on Sept 15, 2006.

30. Vaccines Unavailable for first 6-9 months Egg-based production
Slow, unreliable, and inflexible
900 million eggs to produce 300 million doses of vaccine
Cell-based production being researched
HHS issued $97.1 million contract to Sanofi-Pasteur in March 2005
HHS awarded five additional contracts over $1 billion in May 2006
Some “pre-pandemic” vaccines have been created and offer some promise
Seasonal vaccine may be helpful

31. Antivirals Current Stockpile National Strategy
~26 million courses in Strategic National Stockpile (SNS) by end of 2006
States also stockpiling supply
National Strategy
Procure 81 million courses of antivirals by end of 2008
6 million courses to be used to contain an initial U.S. outbreak
75 million courses to treat 25 percent of U.S. population

32. “Keep the Courts Open”
Practical Steps in Court Preparedness Planning Related to the Pandemic Threat

33. A copy of the Strategy is available at
Develop a Strategy
Reassert Strategic Goals
Define Tactical Objectives
Flowchart the Process
List the Specific Planning Tasks
A copy of the Strategy is available at
(Click on “Emergency Preparedness”)
Page 1 of 2

34. Develop a Strategy Page 2 of 2 Improved Capacity to
Achieve the Strategic Goals
Leads to
Improved Capacity to
Achieve the Tactical Objectives
Leads to
Improved Capacity to Implement the Process
Leads to
Complete the Planning Tasks
Page 2 of 2

35. List the Specific Planning Tasks and Subtasks
Task 1: Engage State and Local Public Health and Other Officials in Advance
Task 2: Prepare for Legal Considerations in a Pandemic
Task 3: Update Court Technology Continuity and Disaster Recovery Plans
Task 4: Provide Education Regarding the Threat Posed by a Pandemic
Task 5: Improve Communications
Task 6: Strengthen Court Emergency Management Teams and Address Other Personnel
Task 7: Consider Jury Management: A Non-Traditional Approach

36. Wrestle with the Tough Subtasks
Legal Issues
Unsettled law, public health related cases, bench books, etc.
Personnel Issues
Leave, payroll, employee assistance, workers comp, etc.
Technology (no or limited face-to-face contact)
Personal Protective Equipment (PPE)
Employee Education and Family Preparedness (Two week supply?)
Jury
Testing and Exercising Plans

37. Flowchart COOP Process for a Pandemic
Activate COOP and Begin the Process toward Performance of Mission Essential Functions and Other Public Health related Cases with Possibly Limited Face-to-Face Contact and Significant Impact to Key Personnel
Can Full Operations in Primary Facility be Reconstituted in 90 Days?
An Individual or Group will Assess Whether or Not Full Operations can be Reconstituted within 90 Days of COOP Activation due to the Outset of a Pandemic
Immediately
Perform Mission Essential Functions and Other Public Health related Cases with Possibly Limited Face-to-Face Contact and Significant Impact to Key Personnel
Yes No
Perform Mission Essential Functions and Other Public Health related Cases for up to 90 Days with Possibly Limited Face-to-Face Contact and Significant Impact to Key Personnel
Within 90 Days, Perform all Criminal Matters, including Jury Trials, all Emergency Civil Matters, and all Mission Essential Functions with Possibly Limited Face-to-Face Contact and Significant Impact to Key Personnel
Address Emergency and Resume Full Operations
As soon as Conditions Allow, Resume Full Operations
(May be as long as Months)

38. Define Your Tactical Objectives
Short-Term Tactical Objective (Up to 90 Days)
Have the capacity to perform all mission essential functions, as should be currently defined in each courts’ continuity of operations plans (COOP)
Have the capacity to address all emergency public health cases
Long-Term Tactical Objectives (90 Days and Longer)
Have the capacity to perform all criminal matters, including the capacity to conduct jury trials, have the capacity to address all emergency civil matters, and have the capacity to perform all other mission essential functions under a situation where no, or only limited, face-to-face contact is possible and with significant personnel

39. Reassert Your Strategic Goals
We must deal with crises in a way that protects the health and safety of everyone inside our facilities
We must “keep the courts open” to ensure justice for the people
Justice Lewis
Justice Wells
Justice Pariente
Justice Anstead
Chief Justices of the Florida Supreme Court, 9/11 to Present

40. Additional Information:
Questions or Comments
FYI, some questions I hope you don’t ask:
Has every Florida court fully developed their plans?
Has implementation been like making sausage?
How have the Florida courts addressed NIMS compliance?
How have the Florida courts addressed respiratory protection programs and other PPE policy issues?
How do courts access DHS funds?
Which, if any, ESF do the courts fit into?
How do courts ensure they can protect their records?
What are your experiences with satellite phones?
Are the courts really that important in an emergency response?
Contact Information:
Greg Cowan or
Additional Information:
(Click on “Emergency Preparedness”)