The Judge of the Brown County Court of Common Pleas and the Judge of the
Brown County Municipal Court make the following findings of fact:
1. On March 9, 2020 Ohio Governor Mike DeWine issued Executive Order
2020-01D “Declaring a State of Emergency” in response to the growing
COVID-19 public health crisis.
2. On March 11, 2020 the World Health Organization officially declared
COVID-19 to be a global “pandemic” requiring “urgent and aggressive action”
to control the spread of the virus.
Based upon these findings, the severity of risk posed to the public, and
meetings with justice partners, the General Division of the Court of Common
Pleas and the Municipal Court have developed a continuum of flexible
responses in case the public health crisis escalates. The continuum of
responses is intended to protect public health, to maintain essential court
functions, and to continue to protect the rights of all individuals subject
to the authority of the Courts.
THEREFORE, IT IS HEREBY ORDERED:
1. The local rules of each court may be temporarily adapted to allow
court flexibility, within constitutional limits, in response to the public
health emergency.
2. All matters scheduled for trial before either court, including any
associated deadlines, are continued, and will be rescheduled after May 18,
2020 pending further order of the court. Case by case exceptions to
continuances may be ordered by the court after consultation with counsel.
3. The Courts shall attempt to minimize the amount of travel and in
person interaction of litigants, attorneys, witnesses, jurors, law
enforcement personnel, and court staff by continuing proceedings or
conducting proceedings, when practical, by remote video or telephone
conferences.
4. This order does not affect the court’s consideration of matters that
can be resolved upon motion without oral argument.
5. The security policies and procedures for each court may be
temporarily amended or supplemented to protect public health while
maintaining essential court functions. Access may be temporarily refused by
security staff to any visibly ill person and anyone that does not have
business with the Court.
6. Courtroom attendance shall be limited to attorneys, parties, and
necessary witnesses.
7. Pending further order of the court, grand jury proceedings are
limited to those cases considered necessary to protect the safety of the
community. The seating of the May 2020 term of the grand jury may take
place at a later date. In that case, service of the current January 2020
term will be extended pending further order of the Court.
8. The public health emergency may be considered to be a finding of
“just cause” for continuances deemed necessary by assigned judges on a
case-by-case basis.
9. The Courts will continue to hear cases involving protection orders.
10. The Courts hereby authorize the use of audiovisual devices and
technologies for all actions and proceedings, which would be feasible for
use based upon the nature of the action or proceeding.
11. The Courts will have the lawful authority, within constitutional
limits, to do and direct to be done all things necessary to ensure the
orderly and efficient administration of justice for the duration of the
declared public health emergency.
12. The Courts will maintain common sense procedures in dealing with the
members of the bar and the public to reduce personal contact such as phone
conferences, social distancing, and conducting business remotely when
practical.
13. Attorneys are encouraged to utilize facsimile filing. Contact the
appropriate assignment commissioner for questions.
14. Further instruction regarding payment to the Municipal Court can be
found on the Court’s website.
https://www.clerkofcourtsbrowncountyohio.org/homeMC.php