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Special Pathogen Legal Training and Table Top Exercise for Judges and Court Administrators

State: MI Type: Model Practice Year: 2019

The Michigan Department of Health and Human Services (MDHHS) is the state health department in Michigan. Michigan is a home-rule state with forty-five local health departments. The Michigan Public Health Code (MCL 333.1101 et seq/) gives authorities to both the state and local health departments to control the spread of disease. The Ebola Virus Disease (EVD) epidemic in West Africa during 2014-2015 demonstrated how a highly infectious disease outbreak can create major life disruptions in a community. The response in the US showed the courts will be a key partner with public health in responding to a hihgly infectious disease. Public health law is not an area that impacts Michigan courts on a routine basis. In an effort to support the ability of Michigan courts to carry out their functions during an outbreak of a highly infectious disease, two objectives were identified: 1) Revise the Public Health Law Bench Book for Michigan Courts (2007 edition), and 2) develop a training event to acquaint judges and court administrators with the revised bench book and enhance their ability to adjudicate the potential legal issues surrounding the response to a highly infectious disease outbreak such as EVD. This application relates to objective 2. An interagency project team was created to develop this training. Members represented the following departments: Michigan Department of Attorney General, MDHHS, Michigan State Police - Emergency Management Homeland Security Division (MSP-EMHSD), and the Michigan Supreme Court. Support was also obtained from the Michigan Judicial Institute, and the Western Michigan University Cooley Law School. The team developed a training and table top exercise model that can be used at the local level, regionally and at the state level. The training model was implemented on June 2, 2016, at the Michigan Hall of Justice. Participants included judges, court administrators, and state public health staff. The objectives of the training and exercise were as follows: Review public health law using the Michigan Public Health Law Bench Book, 2016 edition Increase awareness of state and local emergency management and public health emergency structure and operation Increase awareness of state and local planning and preparedness for an outbreak of a special pathogen Increase awareness of emergency scenarios impacting the courts Utilize the Michigan Public Health Law Bench Book, 2016 edition to inform decisions Explore legal options and identify public health legal issues Mitigate competing interests; e.g., public health versus rights of the individual This event met the objectives listed above based on evaluation responses. These responses showed: Sixty five percent indicated this event increased their understanding and ability to deal with legal issues related to an infectious disease outbreak. Sixty five percent indicated their courts were better prepared to adjudicate public health related cases following this event. Eighty eight percent agreed this event increased their knowledge of the emergency management framework at both the state and local levels. Eighty four percent indicated they had a better understanding of the role the courts play in emergencies with public health implications. The primary factors that led to the success of this event were: The use of a moot court to introduce the exercise scenario was an innovative approach The exercise scenario was written in such a way that the outcome was not a foregone conclcusion. The scenario forced participants to identify and wrestle with a number of legal issues. Modular approach to the training section of the event. That is, breaking up the trainin components so that either a local subject matter expert could present or a state-level subject matter expert (e.g., emergency management system could be presented by a local emergency maanger or MSP-EMHSD). The impact of this practice was seen in the evaluation results listed above. Participating judges enhanced their knowledge and skill related to public health law for emergency response. In addition, this training model received national attention at the 2017 NACCHO Preparedness Summit, and the 2018 Network for Public Health Law national conference. The entire event was video taped and placed on the Michigan Judicial Institute's website so that judges who could not attend the event in person could receive the training online. See https://mjieducation.mi.gov/online-learning-videos. The event is in two parts.
The project team was looking for a training method that would engage judges who are selective about the trainings they attend due to busy court dockets. The project team decided the use of a moot court would be an innovative way to engage judges assuming the scenario was written properly. The moot court is a tool used in law schools on a regular basis; however, the lawyers on the project team were unaware of any instance where this tool was used for training sitting judges. The project team reached out to two faculty members at the Western Michigan University Cooley Law School that taught in the graduate certificate in homeland security. They in turn recruited four of their students who were licensed attorneys to argue the case of a health department issuing an emergency order and the subject of that order challenging it in court. The scenario was developed by the project team and then given to the four student lawyers and their faculty mentors. Two rehearsals were held prior to the June exercise. The student lawyers received feedback from the team legal experts and the team public health experts. This training and exercise model can be reproduced and used by any health department in Michigan .Local subject matter experts can be used for training event, and participants can view the video of the moot court as long as the training venue has an Internet connection. Health departments in other state can also make use of this training model; although, they might want to consider creating their own moot court video due the variations in state law. Here is the training model: Welcome and Introduction Overview of the Michigan emergency management system Role of public health in the Michigan emergency management system Role of the courts in emergencies Lunch Break Introduction of the table top exercise by attorney facilitator Moot Court Table Discussions & report out How would you rule in this case and why? Hot wash Based on evaluations received, the major strengths identified during this exercise were as follows: Participants identified multiple legal issues involved in the case of an emerging infectious disease. Participants identified the complexities, impacts, and consequences of possible courses of legal action related to the control of infectious diseases. Participants recognized that a number of state and local agencies, including the courts, would have a critical role in the response to Ebola or other special pathogens in Michigan due to potential community impacts. Participants identified the revised Bench Book as a valuable resource. Participants recommended this kind of training be held on a more frequent basis. MDHHS is working to fulfil that recommendation and plans to push out regional trainings in FY 2019-2020 with collaboration from LHDs.
Now that this training model has been developed and implemetned, MDHHS will be working with LHDs on a regional basis to bring this training to more judges in the next fiscal year. As stated earlier in this application, the various training sessions will be presented by local public health, local emergency management, etc. FY 2019-2020 should see the first three of Michigan's five judicial regions have this training presented. The remaining two regions would have the training presented in FY 2020-2021.Beginning in FY 2021-2022 this training and exercise will be presented in one judicial region each year until all five regions have the trainings presented a second time.
The following were the objectives for the training session: Review public health law using the revised Bench Book. Increase awareness of state and local emergency management and public health structure and operation. Increase awareness of state and local planning and preparedness for an outbreak of an infectious disease. Increase awareness of emergency scenarios impacting the courts. The tabletop objectives were as follows: Utilize the Bench Book, 2016 edition to inform decisions. Explore legal options and identify public health legal issues. Mitigate competing interests; e.g., public health versus rights of the individual. The participants in the June 2016 event submitted evaluation forms. This event met the objectives listed above based on evaluation responses. These responses showed: Sixty five percent indicated this event increased their understanding and ability to deal with legal issues related to an infectious disease outbreak. Sixty five percent indicated their courts were better prepared to adjudicate public health related cases following this event. Eighty eight percent agreed this event increased their knowledge of the emergency management framework at both the state and local levels. Eighty four percent indicated they had a better understanding of the role the courts play in emergencies with public health implications Participats reported an increased understanding of: The state and local emergency management system, State and local public health emergency preparedness programs, and The relationship of the courts to emergency management and public health at the local and state level. The major strengths identified during this exercise were as follows: Participants identified multiple legal issues involved in the case of an emerging infectious disease. Participants identified the complexities, impacts, and consequences of possible courses of legal action related to the control of infectious diseases. Participants recognized that a number of state and local agencies, including the courts, would have a critical role in the response to Ebola or other special pathogens in Michigan due to potential community impacts. Participants identified the revised Bench Book as a valuable resource.
This model offers sustainability as it does not require a large amount of funding to make happen. Much of the epxertise can be obtained as in-kind support. The major cost areas would be the training venue and providing lunch. Printing of materials for sessiosn conducted at the local or regional level would also be minimal. Through anectodal reporting, various LHDs in Michigan have indicated interest in collaborating to conduct this training in their region. The evaluation forms from the June 2016 event demonstrated the benefits of this training model and the eagerness of the courts to have these trainings continue. Also, the help of the Michigan Judicial Institute in the form of continuing to host the training on their web site contributes to the sustainability of this endeavor. At this point, fiscal challenges are the only barriers standing in the way of this model continuing.
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