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Counties balk at judge's wish for 5 storm shelters for court

An emergency site is designated in Pasco, but the judge wants room for lawyers, clerks and pets.

By MICHAEL SANDLER
Published April 28, 2005

CLEARWATER - Chief Judge David Demers wants to keep the Pinellas-Pasco Circuit Court running during a hurricane and has asked officials in both counties to set up emergency shelters as temporary courtrooms.

The five shelters would serve as a base for emergency response teams with a judge, prosecutors, public defenders, court clerks, bailiffs, a court reporter and other court employees.

The shelters also would welcome the families of court personnel, allowing up to 60 people - and pets - in each location.

Demers has asked that each shelter be fully equipped for a major disaster, with generators, food and kitchen equipment, a link with the court's computer network and video teleconferencing capabilities with the county jail.

The county administrators in Pinellas and Pasco, the state attorney and public defender said the request would force county commissioners to divert millions of dollars away from the core priority of protecting the public at large.

Both county administrators last week wrote Demers saying they could not fulfill his request.

But Demers insists the courts play a critical role in maintaining order. He hopes to persuade county officials to make the preparations before this year's hurricane season, which starts June 1.

"If you don't have the courts . . . you have chaos and disorder," Demers said in an interview Wednesday.

Demers acknowledged that the courts would shut down during a hurricane or major storm. But he wants to provide for basic functions in the aftermath - and as quickly as possible.

Possible examples of crucial court functions include holding hearings for looters and issuing injunctions against a spouse who has "gone crazy" during a storm, he said.

"Clearly, a lot of this is speculation," Demers said. "But one thing is certain: If you don't have the individuals available, the period of time before you can do these things is significantly longer."

This month Demers sent each county administrator a draft of his administrative order. He also has held private meetings with each administrator to convey his needs.

Pinellas County Administrator Steve Spratt estimates retrofitting the St. Petersburg Judicial Building with generator power would cost $1.1-million. Demers had suggested using that building as a possible shelter. Spratt said the building now has minimal emergency power - only enough to run the elevators and emergency lighting.

Spratt offered to make space for one court team at the county's emergency operations center, or the sheriff's operations center. He said the county lacks the resources to provide the court its own shelters.

"It doesn't fall within the priorities we are focused on," Spratt said. "That's not to say if he wants to make his case to board of county commissioners, to have those priorities adjusted, we will certainly carry out those directions."

Pinellas County Commission Chairman John Morroni said the commission would frown on special treatment for court employees and their families. But he would like to hear Demers' case directly from the judge.

Pasco County Administrator John Gallagher noted in his letter that the Land O'Lakes Detention Center has been designated as an emergency facility for conducting court business, part of a comprehensive emergency plan.

Gallagher offered to make a list of "emergency shelters that are open to all members of the public" available for court employees in need of housing during a hurricane, but urged that the shelters should be used as a last resort. He also advised the judge that the county does not provide housing for family members or domestic pets of employees activated during an emergency.

State Attorney Bernie McCabe and Public Defender Bob Dillinger also sent e-mails to Demers with concerns.

The court's emergency management group drafted a disaster preparedness plan last year, McCabe said, and if changes are proposed, the group should reconvene to discuss them.

"It is my view that it would be inappropriate for the counties to divert such resources from the critical public safety needs that would exist in the immediate aftermath of a catastrophic event," McCabe wrote.

Demers said he has the authority to order what is "reasonably necessary" to keep the court running, but admits "reasonably necessary" is open to interpretation. Demers said he's not likely to issue an order. He said his draft is a "preliminary" model and hopes for some consensus after continued talks with the county administrators.

"What I'll end up doing is continue having discussions and see if there is some middle ground," Demers said.

Michael Sandler can be reached at 727 445-4162 or sandler@sptimes.com

[Last modified April 28, 2005, 01:16:14]