On Wednesday, March 25, 2020 at approximately 3:15 p.m., Jonathan Resnick advised that he had gone out the side door to empty the trash when a man who identified himself that he was an employee and a private process server for Miles & Stockbridge and that he was looking for Joy , Darcell Atkinson and Cheryl Felders. All office doors were locked and clearly marked with signs advising that due to the Coronavirus the office was closed to all outsiders.
Jonathan came back into the building looking for me and discovered that I had not left for the day unlike Ms. Atkinson and Ms. Felders who were not working due to the virus scare. I went to see the process server who questioned whether I was Joy and advised that he had been waiting outside for awhile and would have waited till the end of the business day. He came up to me and got within one (1) foot of my face, he then handed me a paper and advised that I was being served a subpoena to appear for a deposition on April 8, 2020 at 2:00 p.m.
He then questioned me as to whether Ms. Atkinson and Ms. Felders were also inside the building. I told him that due to the virus scare that they had not come to work. He then wanted to know their home addresses and if I could it. I walked into the office and could not get their home addresses. I then went back to him and stood at the door and advised same. He then advised that he was going to call his boss, Derek P. Roussillon to see if he could serve the subpoenas on me on their behalf.
I heard him call his boss who advised that he could not serve the subpoenas for Ms. Atkinson and Ms. Felders to me. He then requested that I telephone them to give them his name and number so that he could speak with them to see if it would be ok to serve me on their behalf. I then went back into the building but could not get in contact with either Ms. Atkinson and Ms. Felders. I went back to the private process server and advised him that I was unable to contact them and didn’t feel comfortable with trying. I felt physically threatened by this man for my health and safety.
IN THE COURT OF APPEALS OF MARYLANDADMINISTRATIVE ORDER ON THE STATEWIDE SUSPENSION OF NON-ESSENTIALJUDICIAL ACTIVITIES DUE TO EMERGENCY
WHEREAS, Pursuant to the Maryland Constitution, Article IV § 18, the Chief Judge of the Court of Appeals is granted authority as the administrative head of the Judicial Branch of the State;
WHEREAS, In instances of emergency conditions, whether natural or otherwise, that significantly disrupt access to or the operations of one or more courts or other judicial facilities of the State or the ability of the Judiciary to operate effectively, the Chief Judge of the Court of Appeals may be required to determine the extent to which court operations or judicial functions shall continue; and
WHEREAS, Technology applications may be used, consistent with the Administrative Order on the Implementation of Remote Electronic Participation in Judicial Proceedings filed June 18, 2018, to mitigate the impact of an emergency situation upon the Judiciary and its ability to provide access to justice; and
WHEREAS, Due to the outbreak of the novel coronavirus, COVID-19, and consistent with guidance issued by the Centers for Disease Control, an emergency exists that poses a threat of imminent and potentially lethal harm to vulnerable individuals, including some Judiciary personnel, who may come into contact with a court or judicial facility and personnel; and
WHEREAS, To the extent possible, the courts and judicial offices and units shall remain operational and provide scheduled and required events while balancing the health and safety needs of court visitors and personnel; and
WHEREAS, There are certain activities that, in the event of such emergency conditions, may be considered non-essential and therefore require suspension,
NOW, THEREFORE, I, Mary Ellen Barbera, Chief Judge of the Court of Appeals and administrative head of the Judicial Branch, pursuant to the authority conferred by Article IV, § 18 of the Maryland Constitution, do hereby order this 12th day of March, 2020, that, effective immediately,
(a) The following activities are considered non-essential:
(1) In-State Travel. Travel within the State on official business is to be minimized to the greatest extent possible without disrupting the essential functions of the Judiciary, consistent with official directives by health and law enforcement officials.
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(2) Out-of-State Travel. All out-of-state business travel shall be suspended until further notice.
(3) Out-of-Country Travel. All out-of-country business travel shall be suspended until further notice.
(4) Judicial College. All in-person judicial education, professional development, and technology education classes shall be suspended until further notice.
(A) To the extent that classes might be delivered using remote means, such classes shall be offered to those personnel who are enrolled.
(B) To the extent that these courses were necessary to fulfill judicial education requirements, a suspension of such requirements may be determined to be necessary at a later date.
(5) Committee Meetings. In-person meetings of committees, subcommittees, workgroups, and other similar judicial governance entities shall be conducted by conference call or other remote hosting technology. The Chief Judge may make an exception where the administrative head of a committee, subcommittee, workgroup, or other similar judicial governance entity provides written justification that the committee cannot fulfill its essential purposes.
(6) Gatherings. Unless there is an emergent need, judicial personnel shall refrain from attending and/or hosting non-essential work-related gatherings.
(b) Alternative Work Arrangements. During this emergency, the authority to approve temporary alternative work arrangements for judicial personnel, subject to considerations under this Order, is delegated as follows:
(1)
Circuit Courts.
(A) In the Circuit Courts, County Administrative Judges, after first notifying and obtaining the approval of the Chief Judge of the Court of Appeals;
(B) In the Offices of the Clerks of Circuit Courts, the Clerk, consistent with statewide policies and, to ensure continuity of operations, in coordination with the County Administrative Judge and the Court Administrator.
In District Court locations, District Administrative Judges, with the approval of the Chief Judge of the District Court.
(2)
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(3) In the Court of Special Appeals, its Clerk’s Office and applicable judicialunits, with the approval of the Chief Judge of the Court of Special Appeals.
(4) In the Administrative Office of the Courts, the State Court Administrator.
(c) Exposure Mitigation.
(1) No person who has been diagnosed and remains ill with or is aware of having been exposed to COVID-19 may enter a Judicial Branch facility.
(2) No person who has been advised by a doctor, hospital or local health department to self-quarantine or ordered to quarantine may enter a Judicial Branch facility during the quarantine period.
(3) To the extent that, during this emergency, any person attempts to enter a Judicial Branch facility and appears to be ill with a respiratory illness, protocols developed as part of extant continuing operations plans shall be employed to provide to that person, to the extent possible, the services needed without placing other court visitors and staff at risk.
(4) Any such person and/or his or her attorney, if applicable, who has a scheduled proceeding, event, or services in a Judicial Branch facility must contact the appropriate office regarding his or her status.
(d) Conflicting Orders. To the extent that this Administrative Order conflicts with any extant Administrative Order, this Order shall prevail during the duration of the emergency.
Miles & Stockbridge Reviews
On Wednesday, March 25, 2020 at approximately 3:15 p.m., Jonathan Resnick advised that he had gone out the side door to empty the trash when a man who identified himself that he was an employee and a private process server for Miles & Stockbridge and that he was looking for Joy , Darcell Atkinson and Cheryl Felders. All office doors were locked and clearly marked with signs advising that due to the Coronavirus the office was closed to all outsiders.
Jonathan came back into the building looking for me and discovered that I had not left for the day unlike Ms. Atkinson and Ms. Felders who were not working due to the virus scare. I went to see the process server who questioned whether I was Joy and advised that he had been waiting outside for awhile and would have waited till the end of the business day. He came up to me and got within one (1) foot of my face, he then handed me a paper and advised that I was being served a subpoena to appear for a deposition on April 8, 2020 at 2:00 p.m.
He then questioned me as to whether Ms. Atkinson and Ms. Felders were also inside the building. I told him that due to the virus scare that they had not come to work. He then wanted to know their home addresses and if I could it. I walked into the office and could not get their home addresses. I then went back to him and stood at the door and advised same. He then advised that he was going to call his boss, Derek P. Roussillon to see if he could serve the subpoenas on me on their behalf.
I heard him call his boss who advised that he could not serve the subpoenas for Ms. Atkinson and Ms. Felders to me. He then requested that I telephone them to give them his name and number so that he could speak with them to see if it would be ok to serve me on their behalf. I then went back into the building but could not get in contact with either Ms. Atkinson and Ms. Felders. I went back to the private process server and advised him that I was unable to contact them and didn’t feel comfortable with trying. I felt physically threatened by this man for my health and safety.
__________________________________________________________________________________________________
IN THE COURT OF APPEALS OF MARYLANDADMINISTRATIVE ORDER ON THE STATEWIDE SUSPENSION OF NON-ESSENTIALJUDICIAL ACTIVITIES DUE TO EMERGENCY
WHEREAS, Pursuant to the Maryland Constitution, Article IV § 18, the Chief Judge of the Court of Appeals is granted authority as the administrative head of the Judicial Branch of the State;
WHEREAS, In instances of emergency conditions, whether natural or otherwise, that significantly disrupt access to or the operations of one or more courts or other judicial facilities of the State or the ability of the Judiciary to operate effectively, the Chief Judge of the Court of Appeals may be required to determine the extent to which court operations or judicial functions shall continue; and
WHEREAS, Technology applications may be used, consistent with the Administrative Order on the Implementation of Remote Electronic Participation in Judicial Proceedings filed June 18, 2018, to mitigate the impact of an emergency situation upon the Judiciary and its ability to provide access to justice; and
WHEREAS, Due to the outbreak of the novel coronavirus, COVID-19, and consistent with guidance issued by the Centers for Disease Control, an emergency exists that poses a threat of imminent and potentially lethal harm to vulnerable individuals, including some Judiciary personnel, who may come into contact with a court or judicial facility and personnel; and
WHEREAS, To the extent possible, the courts and judicial offices and units shall remain operational and provide scheduled and required events while balancing the health and safety needs of court visitors and personnel; and
WHEREAS, There are certain activities that, in the event of such emergency conditions, may be considered non-essential and therefore require suspension,
NOW, THEREFORE, I, Mary Ellen Barbera, Chief Judge of the Court of Appeals and administrative head of the Judicial Branch, pursuant to the authority conferred by Article IV, § 18 of the Maryland Constitution, do hereby order this 12th day of March, 2020, that, effective immediately,
(a) The following activities are considered non-essential:
(1) In-State Travel. Travel within the State on official business is to be minimized to the greatest extent possible without disrupting the essential functions of the Judiciary, consistent with official directives by health and law enforcement officials.
Page 1 of 3
(2) Out-of-State Travel. All out-of-state business travel shall be suspended until further notice.
(3) Out-of-Country Travel. All out-of-country business travel shall be suspended until further notice.
(4) Judicial College. All in-person judicial education, professional development, and technology education classes shall be suspended until further notice.
(A) To the extent that classes might be delivered using remote means, such classes shall be offered to those personnel who are enrolled.
(B) To the extent that these courses were necessary to fulfill judicial education requirements, a suspension of such requirements may be determined to be necessary at a later date.
(5) Committee Meetings. In-person meetings of committees, subcommittees, workgroups, and other similar judicial governance entities shall be conducted by conference call or other remote hosting technology. The Chief Judge may make an exception where the administrative head of a committee, subcommittee, workgroup, or other similar judicial governance entity provides written justification that the committee cannot fulfill its essential purposes.
(6) Gatherings. Unless there is an emergent need, judicial personnel shall refrain from attending and/or hosting non-essential work-related gatherings.
(b) Alternative Work Arrangements. During this emergency, the authority to approve temporary alternative work arrangements for judicial personnel, subject to considerations under this Order, is delegated as follows:
(1)
Circuit Courts.
(A) In the Circuit Courts, County Administrative Judges, after first notifying and obtaining the approval of the Chief Judge of the Court of Appeals;
(B) In the Offices of the Clerks of Circuit Courts, the Clerk, consistent with statewide policies and, to ensure continuity of operations, in coordination with the County Administrative Judge and the Court Administrator.
In District Court locations, District Administrative Judges, with the approval of the Chief Judge of the District Court.
(2)
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(3) In the Court of Special Appeals, its Clerk’s Office and applicable judicialunits, with the approval of the Chief Judge of the Court of Special Appeals.
(4) In the Administrative Office of the Courts, the State Court Administrator.
(c) Exposure Mitigation.
(1) No person who has been diagnosed and remains ill with or is aware of having been exposed to COVID-19 may enter a Judicial Branch facility.
(2) No person who has been advised by a doctor, hospital or local health department to self-quarantine or ordered to quarantine may enter a Judicial Branch facility during the quarantine period.
(3) To the extent that, during this emergency, any person attempts to enter a Judicial Branch facility and appears to be ill with a respiratory illness, protocols developed as part of extant continuing operations plans shall be employed to provide to that person, to the extent possible, the services needed without placing other court visitors and staff at risk.
(4) Any such person and/or his or her attorney, if applicable, who has a scheduled proceeding, event, or services in a Judicial Branch facility must contact the appropriate office regarding his or her status.
(d) Conflicting Orders. To the extent that this Administrative Order conflicts with any extant Administrative Order, this Order shall prevail during the duration of the emergency.
/s/ Mary Ellen Barbera
Mary Ellen Barbera
Chief Judge
Court of Appeals of Maryland
Filed: March 12, 2020
/s/ Suzanne C. Johnson Suzanne C. Johnson
Clerk
Court of Appeals of Maryland
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