Executive, Judiciary, Legislature discussed on The Dave Gram Show on WDEV
You were saying before the a program that we have a little conversation earlier this morning and You told me that the MS as a continuation of operations plan that is set up for responding to various emergencies. And one thing you mentioned was that work had begun on On a plan designed specifically to date with pandemics but it wasn't quite completed Where are we on that? And and how how how sororities at being tested and tell me about that so yes you can imagine. It's being completed much more rapidly. So what's interesting about the more traditional continuation of operation or continuity of Operations Plan? Is that normally That was those were originally envisioned in times of natural disaster flood. Fire that kind of thing and so often those really talk about moving operations from one building to another for example A pandemic is a completely different animal and The kinds of remedies in the kind of steps you take during a natural disaster really. Don't work in a pandemic and of course we're living that in real time and I wanted to say that at least up to this point I think we've had great cooperation With the bar with the legislature with advocates with the governor's office as we all work our way through these uncertainties on the one hand the the urgency and the rapid escalation of events has required leaders to make a deliberative but pretty quick decisions in order to protect people's health and lives on the other hand is Dan pointed out Often there are a lot of questions in the middle of those general guidelines and so we've had experiences where judge Gerson and Gerson as chief superior judge of the trial courts and he and I have been working with members of the bar and advocates On different kinds of substantive issues. You know simple questions. Maybe not so simple such as One Dan mentioned who should take action. Is this an executive branch? Area of jurisdiction is at a judiciary area of jurisdiction is at a legislative Area of jurisdiction and and working closely with the people. We've worked with for a long time to try and clarify that. The parties may all agree. That certain outcomes are optimal but we need to make sure that we do that. within the context of our government structure and. I just wanted to comment about how helpful. It's been that Everyone is problem solving together. It's it's as if we're on one big team working together even though we might normally be in silos of a kind. Yeah I mean just in terms of of that decision about who which branch handles which question I was told about a A OF SANTA TESTING. You're involved in in in recent days here. Patricia Gable in which A question came up about. Would the courts Put a hold as part of this emergency action on eviction proceedings and and. I think the response came that you would look to the legislature for guidance on that is that right. Well what we said was the legislative branch and the executive branch deal with policy issues in the judiciary we deal with issues on a case by case basis and so if you look at something like landlord tennant. Our question is not the overall policy question. Our question is twofold One is Does it affect the administration of the judiciary and there is a provision exception to the general postponement of cases are emergency. Landlord tenant cases within the second question comes up in individual cases. What does that mean because even though some of us may have a certain stereotypical idea of? Who's a landlord WHO's attendant in real cases with real people involved The the real cases don't necessarily match the stereotype and so in that case judges would look at any particular case and look to say. Is there an emergency here that we need to deal with whereas in many states The some of the moratorium that I've been instituted. I've been instituted by executive order by the governor and if the governor doesn't act and the legislature also has though the power to act and that's the kind of area where we're trying to do problem solving where we're talking people through what what can and should we be recommending to the court for example and Where do we really think it should be taking place somewhere else and Dan Richardson? You mentioned the this. You describe the valley. I thought it was a beautiful metaphor actually wherein sometimes the lawyers are feeling Somewhat caught in the middle between directions coming down from the executive and directions And you know what the judiciary's expectations seem to be Do you have an example? You can give me of of a case where where that is You know that's come up. Well sure I mean you know with Governor Governor Scott Order That came out Monday To stay in place effectively A lot of lawyers were you know I. I know there was a -mergency call with the bar. Association the Section chairs yesterday trying to sort that out and how that stay at home or stay in place order would would affect the lawyers Where the categories within the the order of the exempted professions are exempt businesses effectively. You know did not expressly say lawyers or law firms or attorneys You know where what what would the attorneys do In the light of that and are they risking legal action or sanction by going to their off or or or acting and and and as you might imagine you know any type of of issue like that there are some people that you know. Read it one way and read it another way. We're lawyers. That's that's our job is to read things closely into disagree But you know in in that respect you know we were. We were because at the same time you know. The court's order is very clear. And says you know the process of of Justice continues In its core functions and you know. I think they can ultimately be reconciled and I'll echo what what. Patricia said about the You know the idea that we're there's a sense that we're all on one team and I don't mean to suggest somehow that there's lawyers fighting lawyer fuel tearing their hair out about this but it is it is concerning and it is something where we're trying to. You know we are in the valley trying to figure out you know whether to build the golden calf or follow the stone tablets. That are coming down.