Supervisors Asked To Fund Defense Of Persons Ordered Into Coronavirus Quarantine

pima county superior court
Pima County Superior Court

On Tuesday, the Pima County Board of Supervisors are set to vote on whether or not a public defender will be provided to coronavirus victims who are ordered into involuntary quarantine. Pima County Superior Court Judge Kyle Bryson brought the matter to the supervisors.

Bryson is requesting that the supervisors “allow Pima County Superior Court Pandemic Judge Michael Butler, or his or my designee, to appoint the Public Defender to represent people who do not otherwise have legal counsel and who are facing involuntary quarantine, until such time the governor or his designee declares a state of emergency has ended.”

Arizona law, A.R.S. § 36-787, allows a public health administrator to quarantine individuals with infectious diseases after the governor has declared a state of emergency.

“A person’s constitutional right of liberty must be respected and protected in a civil involuntary quarantine proceeding,” wrote Bryson. “There may be people who are not represented by counsel of their own choosing who must have an attorney.”

“I am aware this request will have an impact on the Public Defender and County budgets, and am therefore not asking for open-ended approval,” noted Bryson. “I would work with the Public Defender and County Attorney to monitor the situation, intending to at some point terminate the request, dependent upon a declaration by the Governor Doug Ducey that the pandemic, and by extension the state of emergency, has ended. I would provide the Board with updates at whatever frequency the Board determines appropriate and/or necessary.”

“I have full confidence in Judge Bryson and fully support his efforts to protect the rights of all citizens in Pima County,” said Supervisor Ally Miller. “We are fortunate to have Judge Bryson as our presiding judge.”

Bryson’s request follows Administrative Order No. 2020 – 41 issued by Arizona Supreme Court Chief Justice Robert M. Brutinel on March 4:

JUDICIAL REVIEW OF PUBLIC HEALTH EMERGENCY ORDERS TO CONTROL COMMUNICABLE OR INFECTIOUS DISEASES

State and local public health agencies are authorized by state statutes and Arizona Department of Health Services regulations to order measures to prevent and control communicable and infectious diseases, such as the COVID-19 virus. Judicial review of these orders and the opportunity for a person affected by an order to secure judicial review of these measures is required by law. The courts must be prepared and available to respond effectively and expeditiously.

Therefore, pursuant to Article VI, Sections 3 and 5, of the Arizona Constitution,

IT IS ORDERED that the superior court judges listed in Appendix A of this order are assigned to provide judicial review in any court in their respective counties of measures taken by public health agencies to prevent and control communicable or infectious diseases, including the CoVid-19 virus,

IT IS FURTHER ORDERED that the presiding judge(s) of all counties are hereby authorized to adopt or suspend any local rules and orders and to take any action concerning court operations that the circumstances require to enable the assigned judges to perform the duties required including any of the following actions:

● Provide for 24-hour operation of one or more courts and “on call” status for judges to hear any claim concerning emergency measures taken by local or state government officials.

● Transfer cases to superior court and reassign superior court judges to hear cases filed in municipal or justice courts.

● Provide for alternate signing and delivery of filings, orders, and other documents (e.g., electronic signatures).

● Authorize constables or other court personnel to serve process if the sheriff is unavailable and a matter must proceed.

● Conduct proceedings using appearance of parties by audio, video, authorized representative, counsel, or other means that allows all parties to fully participate.

● Determine the system to be used for appointment of counsel as required by law.

● With the assistance of the Administrative Office of the Courts, provide additional education of judges, court employees, and any other persons as needed to promote effective and efficient adjudication of the cases addressed by this order.

IT IS FURTHER ORDERED that the presiding judge in cooperation with the presiding judge of the juvenile court and public health agencies determine and adopt measures needed concerning the operation of juvenile detention centers and the placement of juveniles in treatment facilities.

Civil libertarians are hailing the recognition of due process rights by the courts at a time when social media feeds are full of images from China of coronavirus victims being forcefully thrown into paddy wagons.

As of yet, other counties have not formalized the funding of these civil rights protections.

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