Legal preparedness for public health emergencies: Public health and the judiciary - partners in Pennsylvania

Historically, courts have played a vital role in protecting the public's health. But in this era of bioterrorism, emerging infectious diseases, and potential pandemic disease, it is very likely that the nation's courts will be called upon to play an even more critical role in protecting public health in the future. Consequently, in collaboration with the Administrative Office of the Pennsylvania Courts, the University of Pittsburgh Center for Public Health Preparedness (UPCPHP) has developed a Public Health Law Benchbook to facilitate the judiciary's understanding of the scope and limitations of public health legal authority in Pennsylvania. The format of the benchbook is unique in that it provides answers to the legal and procedural issues most likely to arise in a public health emergency: searches of persons, searches of property, seizure of property, mandated examination and/or treatment, isolation and quarantine authority, evacuations, closure of public/private property, temporary restraining orders, writs of habeus corpus, and other public health emergency measures. The benchbook provides Pennsylvania judges with ready access to the information they need to effectively address the public health issues that may come to their courtroom.

This session will provide information about how this partnership was initiated, how the benchbook was developed, the judiciary's response to the tool, and the educational programming that has been undertaken to ensure appropriate use of the book. In addition, the session will highlight how this effort has led to continued collaboration between these partners in the form of a Pennsylvania Court Continuation of Operations Plan.