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AJPH First Look, published online ahead of print Apr 5, 2007
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April 2007, Vol 97, No. Supplement_1 | American Journal of Public Health S69-S73
© 2007 American Public Health Association
DOI: 10.2105/AJPH.2006.101881

GOVERNMENT, POLITICS, AND LAW

The Courts, Public Health, and Legal Preparedness

Daniel D. Stier, JD, Diane Nicks, JD and Gregory J. Cowan, MA

Daniel D. Stier is with the Public Health Law Program, Centers for Disease Control and Prevention, Atlanta, Ga. Diane Nicks is a Circuit Court Judge in Dane County, Madison, Wis. Gregory J. Cowan is with the Florida Office of the State Courts Administrator, Tallahassee.

Correspondence: Requests for reprints should be sent to Daniel D. Stier, Public Health Law Program, Centers for Disease Control and Prevention, 1600 Clifton Rd, Mail-stop D30, Atlanta, GA 30333 (e-mail: DStier{at}cdc.gov).

The judicial branch’s key roles, as guardian of civil liberties and protector of the rule of law, can be acutely relevant during public health emergencies when courts may need to issue orders authorizing actions to protect public health or restraining public health actions that are determined to unduly interfere with civil rights. Legal preparedness for public health emergencies, therefore, necessitates an understanding of the court system and how courts are involved in public health issues.

In this article we briefly describe the court system and then focus on what public health practitioners need to know about the judicial system in a public health emergency, including the courts’ roles and the consequent need to keep courts open during emergencies.






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