National Center for State Courts

NCSC has a developed and collected a rich body of disaster related information, including information on upcoming training opportunities, and sample court continuation of operations plans, which can be accessed online at http://www.ncsconline.org/WC/CourTopics/ResourceGuide.asp?topic=BusDis

Disaster Recovery & Business Continuity Resource Guide includes sample court disaster plans as well as general guidelines and materials. 

The Continuity of Court Operations Planning Guide  walks a court through the entire process, with worksheets and templates as well as A Comprehensive Emergency Management Program: A Model for State & Territorial Courts.

Disaster Resources for Courts

The following are resources for courts and other public entities to help prepare for and ensure continuity of essential business operations following a disaster.

• A Framework for Improving Cross-Sector Coordination for Emergency Preparedness & Response: Action Steps for Public Health, Law Enforcement, the Judiciary, and Corrections (2008)
• Planning for Disasters: Emergency Preparedness, Continuity Planning, and the Federal Judiciary (George Huff, ABA Judges Journal, Winter 2006)
• Planning for Emergencies: Immediate Events & their Aftermath: A Guide for Local Courts  (SJI, 2005)
• Continuity Guidance Circular 1 For Non-Federal Entities (State, Territories, Tribal & Local Government Jurisdictions – not court specific) (FEMA 2009) 
• National Association for Court Management, Disaster Recovery Planning for Courts: A Guide to Business Continuity Planning, available at http://www.ncsconline.org/WC/Publications/KIS_BusDisRcvyPlanCts.pdf
• Dependency Courts: Disaster Planning and COOPS

Model Court Rules and Orders

An ABA Model Court Rule on Provision of Legal Services Following Determination of Major Disaster (Katrina Rule) . (ABA 2007) The model rule would allow out-of-state lawyers to provide pro bono legal services in an affected jurisdiction. Lawyers in the affected jurisdiction whose legal practices had been disrupted by a major disaster would also be allowed to practice law on a temporary basis in an unaffected jurisdiction.

Chart - State Implementation of ABA Model Court Rule on Provision of Legal Services Following Determination of Major Disaster

In times of disaster courts are often called upon to issue orders on a variety of matters, such as suspension of filing deadlines and relocation of the court.

Sample federal court orders:

• Chart - State Implementation of ABA Model Court Rule on Provision of Legal Services Following Determination of Major Disaster
• Placing Court Employees on Administrative Leave
• Providing for the Continuation of the Business of the Court under Emergency Conditions
• Providing for the Relocation of the Court
• Providing for the Reestablishment (or Reconstitution) of Original Court Location
• Invoking the Federal Judiciary Emergency Special Sessions Act of 2005
• Waiving PACER Fees
• Suspending and Terminating Suspension of all Deadlines

Court Information

Federal and state courts utilize their websites to convey critical information to lawyers and victims following a disaster. 

To assess a federal court’s website visit http://www.uscourts.gov/courtlinks/

Courts and Pandemics

• Justice System Response to a Pandemic: Addressing Human Resource Issues
• Federal Courts Prepared for Pandemic Information (2007)
• Guidelines for Pandemic Emergency Preparedness Planning: A Roadmap for Courts (2007)
• Pandemics & the Courts: A Synopsis of Issues Facing Court Administrators (2008)

Bench Books

A number of jurisdictions have developed bench books for use in  Public Health  emergencies.