EMERGENCY LEGAL EMERGENCY LEGAL PREPAREDNESS PREPAREDNESS

EXERCISEEXERCISE

BILL SCHUETTE

ATTORNEY GENERALSTATE OF MICHIGAN

“In preparing for battle, I have always found that plans are useless but planning is indispensable.”

Dwight Eishenhower

“Practice is the best of all instructors.”

Publilus Syrus (100 BC)

IntroductionIntroduction

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Emergencies and disasters are, by Emergencies and disasters are, by definition, unexpected and are likely definition, unexpected and are likely to require a quick response from to require a quick response from various governmental agencies. As various governmental agencies. As lawyers for the state, we are lawyers for the state, we are responsible for advising state responsible for advising state agencies in particular. But in the agencies in particular. But in the event of an emergency, we must event of an emergency, we must guide emergency responders on the guide emergency responders on the available powers and specificavailable powers and specific

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authority, as well as the legal authority, as well as the legal procedures that need to be procedures that need to be followed, judicial options that followed, judicial options that need to be considered, the need to be considered, the potential for liability, and a host potential for liability, and a host of other legal concerns.of other legal concerns.

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Providing appropriate legal advice Providing appropriate legal advice during an emergency or disaster during an emergency or disaster will undoubtedly present will undoubtedly present significant challenges. Appropriate significant challenges. Appropriate personnel with knowledge of personnel with knowledge of specialized areas of the law, specialized areas of the law, support staff, and judicial support staff, and judicial resources, need to be assembled. resources, need to be assembled.

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During an emergency, time During an emergency, time cannot be wasted conducting cannot be wasted conducting research, developing expertise, research, developing expertise, preparing draft pleadings, or preparing draft pleadings, or identifying key personnel to lead identifying key personnel to lead the legal response team. the legal response team.

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It is important to anticipate legal It is important to anticipate legal contingencies and formulate a contingencies and formulate a response plan, be it identifying response plan, be it identifying answers to the most likely issues answers to the most likely issues or preparing draft legal or preparing draft legal documents that can be quickly documents that can be quickly adapted to each circumstance. adapted to each circumstance.

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Preparation and planning are Preparation and planning are essential to carry out an essential to carry out an emergency response plan. emergency response plan.

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The Michigan Department of The Michigan Department of Attorney General, with the help of Attorney General, with the help of the Centers for Disease Control and the Centers for Disease Control and the Michigan Department of the Michigan Department of Community Health, has developed a Community Health, has developed a tabletop exercise that can help tabletop exercise that can help prepare a legal team to respond in prepare a legal team to respond in the event of an emergency or the event of an emergency or disaster. We encourage other disaster. We encourage other agencies to use the exercise and agencies to use the exercise and test themselves. test themselves.

PHASE IPHASE IPreparationPreparation

Internal OrganizationInternal Organization

1.1. Establish an Establish an Emergency Emergency Chain of Chain of CommandCommand and and Order of Order of Emergency Emergency Interim Succession.Interim Succession.

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In the event of an emergency, In the event of an emergency, the department director may the department director may be inaccessible. It is important be inaccessible. It is important that a command structure be that a command structure be implemented in advance so implemented in advance so that clear lines of authority are that clear lines of authority are known and decisions and known and decisions and opinions reflect that of the opinions reflect that of the department. department.

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2.2. Establish an "Establish an "Emergency Emergency Legal Legal Response TeamResponse Team.“.“

Identify key managers and Identify key managers and employees who will be employees who will be

responsible responsible for assembling the for assembling the expertise expertise needed to respond to needed to respond to a particular a particular emergency or emergency or disaster. They disaster. They should have an should have an intimate knowledge intimate knowledge of the of the resources of the department. resources of the department.

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3.3. Appoint an " Appoint an " Emergency Emergency Management CoordinatorManagement Coordinator.“.“

The Emergency Management The Emergency Management Coordinator, along with an Coordinator, along with an alternate, is a point person alternate, is a point person

who who directly interacts with directly interacts with counterparts counterparts at the emergency at the emergency operation center. operation center. This person This person should have expertise should have expertise regarding the Emergency regarding the Emergency Management Act and be able to Management Act and be able to

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respond to general questions respond to general questions and and direct detailed inquires, as direct detailed inquires, as well as well as matters that need matters that need document document preparation or preparation or judicial assistance. judicial assistance.

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4.4. Locate Locate Facilities and Facilities and Communication SystemsCommunication Systems..

Establish a dependable Establish a dependable communication system with communication system with multiple redundancy. In addition multiple redundancy. In addition

to line phones, the to line phones, the Emergency Emergency Management Management Coordinator needs to Coordinator needs to be able to be able to communicate with the communicate with the Emergency Legal Response Team Emergency Legal Response Team

via cell phone, e-mail, and via cell phone, e-mail, and 800 800 MHz secure channel radios. MHz secure channel radios.

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Create a current, Create a current, department-wide department-wide "telephone "telephone tree" to enable speedy tree" to enable speedy contact contact with department personnel with department personnel and conduct periodic “contact and conduct periodic “contact drills.” An internal information drills.” An internal information

hotline and updated recorded hotline and updated recorded message should be created. message should be created.

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Consider acquisition of a Consider acquisition of a federal federal "GETS" card to provide "GETS" card to provide for priority for priority communication communication during an during an emergency. emergency.

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An alternate emergency An alternate emergency operations operations center should be center should be identified identified where top managers where top managers and the Legal and the Legal Response Team Response Team can gather in the can gather in the event the event the department's principal department's principal office office is unavailable. is unavailable.

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Communications equipment, Communications equipment, computers, supplies, and computers, supplies, and

research research material should be material should be accessible at the accessible at the alternate alternate command center. A command center. A satellite satellite office of the department office of the department could could serve as such a site. serve as such a site.

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Consider also: Distribution of Consider also: Distribution of access keys, location of access keys, location of

computer computer ports, extension ports, extension cords, computers, cords, computers, projectors, projectors, telephones, etc. telephones, etc.

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5.5. Establish a Establish a Business Business Contingency and Emergency Contingency and Emergency

Procedures PlanProcedures Plan with the with the Supreme Court.Supreme Court.

During an emergency, courts During an emergency, courts may may be closed or inaccessible. be closed or inaccessible. A plan A plan that identifies key court that identifies key court

administrative staff and administrative staff and judges judges throughout the state who throughout the state who will be will be available in the event of available in the event of an an emergency will ensure that emergency will ensure that

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necessary court orders can necessary court orders can be be secured, individual rights secured, individual rights safeguarded, and the judicial safeguarded, and the judicial system maintained. Home phone system maintained. Home phone

numbers and addresses numbers and addresses should be should be secured so secured so emergency judges can emergency judges can be be contacted in the event an contacted in the event an emergency prevents them from emergency prevents them from

traveling to the court house. traveling to the court house.

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An emergency judicial site An emergency judicial site and and court staffing must be court staffing must be considered. considered. A sample A sample emergency judicial plan is emergency judicial plan is attached as Attachment A. attached as Attachment A. Attachment AAttachment A

PHASE IIPHASE IIDeveloping an Exercise Developing an Exercise

PlanPlan

1.1. Create an Exercise Design Create an Exercise Design Team to plan, coordinate, Team to plan, coordinate,

and and support the exercise. The support the exercise. The team will team will tailor an exercise tailor an exercise scenario, identify scenario, identify key key participants, and control the participants, and control the exercise event. See Attachment exercise event. See Attachment B. B.

Attachment B

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2. 2. Contact persons or agencies Contact persons or agencies with a with a stake in the exercise, stake in the exercise, including including other state, federal, other state, federal, and local and local agencies, foreign agencies, foreign participants, and participants, and private entities, private entities, such as hospitals such as hospitals and their legal and their legal counsel. See counsel. See Attachment C. Attachment C. Attachment CAttachment C

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3. 3. Identify exercise site and Identify exercise site and secure secure necessary funding to necessary funding to cover cover expenses, i.e., rent, food, expenses, i.e., rent, food,

equipment. In Michigan, the equipment. In Michigan, the Attorney General was able to Attorney General was able to

fund fund an exercise through the an exercise through the Homeland Homeland Security Grant Security Grant Program. See Program. See Attachment D. Attachment D. Attachment DAttachment D

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4. 4. Establish a timeline and Establish a timeline and assign assign detail responsibilities. detail responsibilities. See See Attachment E. Attachment E. Attachment EAttachment E

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5. 5. Develop an exercise scenario Develop an exercise scenario that that will stimulate discussion, will stimulate discussion, raise raise significant legal issues, significant legal issues, engage engage participants, and participants, and challenge the challenge the legal officers to legal officers to provide prompt and provide prompt and accurate accurate advice. See Attachment advice. See Attachment F, F, sample exercise scenario. sample exercise scenario. Attachment FAttachment F

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6. 6. Identify potential issues in Identify potential issues in advance advance to insure that proper to insure that proper staff are staff are involved and preliminary involved and preliminary research research is conductedis conducted. . This This can also be can also be used in the event used in the event moderator or moderator or participants are participants are unable to raise unable to raise pertinent pertinent questions during the questions during the exercise. exercise. See Attachment G. See Attachment G. Attachment Attachment

GG

PHASE IIIPHASE IIIExercise DayExercise Day

1.1. Assign moderators, runners, Assign moderators, runners, table table captains, etc. captains, etc.

2.2. Align various participants to Align various participants to reflect reflect particular interests and particular interests and

backgrounds. backgrounds.

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3. 3. Encourage discussions Encourage discussions among among groups and periodically groups and periodically interrupt interrupt the exercise to the exercise to query concerns, query concerns, obtain status obtain status reports, and make reports, and make modifications as needed. modifications as needed.

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4. 4. Provide standard Provide standard communication communication forms so that forms so that legal issues are legal issues are presented, in presented, in writing, to the writing, to the attorneys attorneys and other exercise and other exercise participants. See Attachment H. participants. See Attachment H. Attachment HAttachment H

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5. 5. Maintain a record of all Maintain a record of all questions questions and issues raised. and issues raised. See Attachment See Attachment I. I. Attachment IAttachment I

6.6. Have participants evaluate Have participants evaluate exercise. See Attachment J. exercise. See Attachment J.

AttachmenAttachment Jt J

PHASE IVPHASE IVPost Exercise Post Exercise

1.1. Review evaluations, meet with Review evaluations, meet with staff staff to review and identify to review and identify strengths strengths and weaknesses. and weaknesses.

2.2. Prepare summary. See Prepare summary. See Attachment Attachment K. K. Attachment KAttachment K

3.3. Communicate with exercise Communicate with exercise participants. (See Attachment L.)participants. (See Attachment L.)

Attachment Attachment LL

Index of AttachmentsIndex of Attachments

Attachment A = Michigan Supreme Court, State Attachment A = Michigan Supreme Court, State Administrative Office, Business Contingency and Emergency Administrative Office, Business Contingency and Emergency Procedures Plan Procedures Plan

Attachment B = Exercise Design Team NotesAttachment B = Exercise Design Team Notes Attachment C = Participant/Observer Contact LetterAttachment C = Participant/Observer Contact Letter Attachment D = SHSGP Exercise Grant Agreement Attachment D = SHSGP Exercise Grant Agreement Attachment E = Exercise Design ScheduleAttachment E = Exercise Design Schedule Attachment F = Exercise ScenarioAttachment F = Exercise Scenario Attachment G = Pre-Exercise Potential IssuesAttachment G = Pre-Exercise Potential Issues Attachment H = Exercise Message FormAttachment H = Exercise Message Form Attachment I = Legal Issue LogAttachment I = Legal Issue Log Attachment J = Evaluation ReportAttachment J = Evaluation Report Attachment K = Exercise Summary Attachment K = Exercise Summary Attachment L = Exercise Questions Asked and Answered Attachment L = Exercise Questions Asked and Answered