In the event of an isolation or quarantine by the Commissioner of Health under Minn. Stat. § 144.4195
, the Commissioner, and possibly the individuals under isolation or quarantine, will be filing petitions and requests for relief in the district courts. All persons subject to isolation or quarantine have the right to be represented by counsel at the expense of the Department of Health. Minn. Stat. § 144.4195, subd. 5(b). The State Court Administrator's Office, in cooperation with the Department of Health, has provided a Defense Panel Training for attorneys willing to be appointed in these cases, and produced an Isolation and Quarantine Benchbook and Benchcard. The Supreme Court has also promulgated Special Rules of Procedure
governing the appointment and compensation of counsel.
According to the Department of Health, most cases are likely to be filed in Ramsey County, but Minn. Stat. § 144.4195, subd. 1 allows for cases to be filed across the state. The materials available below are provided to assist the court and court-appointed counsel in isolation and quarantine matters.
Training and Reference Materials
: Effective May 8, 2009, there were a number of changes to Minn. Stat. § 144.4195. Sections 1-4 of the Act
address isolation/quarantine by:
- Delegating to the Supreme Court to provide procedures for payment of language interpreters and medical experts to assist in case preparation by appointed I/Q defense counsel;
- Removing all sunset provisions from the I/Q law; and
- Clarifying that peace officers have all usual means to enforce a health commissioner's temporary I/Q hold, removing the prior limitation on peace officers' powers to persons fleeing or forcibly resisting.
For more information, please contact:
Karen Kampa Jaszewski