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    Petition For Extraordinary Relief

    Uploaded by

    Adam Forgie
    Petition for Extraordinary Relief from the American Civil Liberties Union of Utah, the Disability Law Center, and the Utah Association of Criminal Defense Attorneys

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    © All Rights Reserved
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    Petition For Extraordinary Relief

    Uploaded by

    Adam Forgie
    5K views3 pages
    Petition for Extraordinary Relief from the American Civil Liberties Union of Utah, the Disability Law Center, and the Utah Association of Criminal Defense Attorneys

    Original Title

    Petition for Extraordinary Relief

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    © © All Rights Reserved

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    Petition for Extraordinary Relief from the American Civil Liberties Union of Utah, the Disability Law Center, and the Utah Association of Criminal Defense Attorneys

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    5K views3 pages

    Petition For Extraordinary Relief

    Uploaded by

    Adam Forgie
    Petition for Extraordinary Relief from the American Civil Liberties Union of Utah, the Disability Law Center, and the Utah Association of Criminal Defense Attorneys

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    The petition is asking the court to direct state and local officials to significantly reduce jail and prison populations in Utah by releasing certain individuals to prevent the spread of COVID-19 in correctional facilities.

    The petition is asking the court to direct the respondents to take immediate steps to significantly reduce the population of their Correctional Facilities and Correctional Centers by releasing pretrial detainees, post-conviction detainees with 180 days or fewer left on their sentence, and those at high risk of complications from COVID-19.

    Extraordinary relief is said to be appropriate because the dangerous spread of COVID-19 throughout Utah Correctional Facilities is nearly inevitable without immediate action, and no other legal remedy would provide a plain, speedy, or adequate response needed to avert a medical crisis.

    John M. Mejia (USB No. 13965) Aaron M. Kinikini (USB No.

    10225)
    Jason M. Groth (USB No. 16683) Nicolas H.K. Jackson (USB No. 15079)
    Sara R. Wolovick (USB No. 17352) Disability Law Center
    Leah Farrell (USB No. 13696) 205 North 400 West
    ACLU OF UTAH FOUNDATION, INC. Salt Lake City, Utah 84103
    355 North 300 West Telephone: (801) 363-1347
    Salt Lake City, Utah 84103 Facsimile: (801) 363-1437
    Telephone: (801) 521-9863 Email: akinikini@disabilitylawcenter.org
    Facsimile: (801) 532-2850 njackson@disabilitylawcenter.org
    Email: aclu@acluutah.org

    Steven Burton (USB No. 12047)


    Utah Association of Criminal Defense Attorneys
    P.O. Box 3254
    Salt Lake City, Utah 84110
    Telephone: (801) 363-2976
    Email: director@uacdl

    IN THE UTAH SUPREME COURT

    ACLU OF UTAH, DISABILITY LAW PETITTION FOR EXTRAORDINARY


    CENTER, UTAH ASSOCIATION OF RELIEF PURSUANT TO RULE 65B OF THE
    CRIMINAL DEFENSE ATTORNEYS, ON UTAH RULES OF CIVIL PROCEDURE
    BEHALF OF INDIVIDUALS IN CRIMINAL
    CUSTODY IN THE STATE OF UTAH AT
    RISK OF CONTRACTING COVID-19,
    Case No. __________
    Plaintiffs-Petitioners,

    v.

    STATE OF UTAH; GARY R. HERBERT,


    Governor, State of Utah; MIKE HADDON,
    Executive Director, Utah Department of
    Corrections; CARRIE L. COCHRAN, Board
    Chair, Utah Board of Pardons and Parole, ALL
    COUNTIES in the State of Utah, ALL
    COUNTY SHERIFFS of the State of Utah, in
    capacity as County Jail Administrators.

    Defendants-Respondents
    COMES NOW, the Petitioners, the ACLU OF UTAH, DISABILITY LAW CENTER,

    and UTAH ASSOCIATION OF CRIMINAL DEFENSE ATTORNEYS on behalf of

    INDIVIDUALS IN CRIMINAL CUSTODY IN THE STATE OF UTAH AT RISK OF

    CONTRACTING COVID-19 (“Petitioners”), by and through counsel, and hereby petitions this

    Honorable Court for an Order granting Extraordinary Relief directing Respondents THE STATE

    OF UTAH, GARY R. HERBERT, Governor, State of Utah; MIKE HADDON, Executive

    Director, Utah Department of Corrections; CARRIE L. COCHRAN, Board Chair, Utah Board of

    Pardons and Parole; ALL COUNTIES; and ALL COUNTY SHERIFFS of the State of Utah, in

    capacity as County Jail Administrators (“Respondents”) to take immediate steps to significantly

    reduce the population of their Correctional Facilities and Correctional Centers by releasing—

    with appropriate considerations for public safety—pretrial detainees, post-conviction detainees

    with 180 days or fewer to serve on a sentence, and all individuals that are at high-risk for serious

    complications from contracting COVID-19. This Order would prevent the loss of life and harm

    that the spread of the COVID-19 pandemic would cause in correctional facilities.

    Extraordinary relief is an appropriate remedy in this situation where the dangerous spread

    of COVID-19 throughout Utah Correctional Facilities is nearly inevitable without immediate

    action from Respondents, and no other legal remedy would provide a plain, speedy, or adequate

    response needed to avert a medical crisis in Utah’s correctional facilities. It is appropriate for this

    Court to bypass Rule 65B’s requirement that this Petition originate in a district court and take

    original jurisdiction of this Petition because filing multiple petitions to individual district courts

    across the state would fail to effectively address time-sensitive health and medical issues in this

    pandemic where crucial developments unfold not on a weekly or daily basis, but on an hourly

    basis. Moreover, district courts are currently operating in limited capacity increasing the chances
    of delay and confusion in attempting to obtain the relief needed here. For the aforementioned

    reasons, this Petition is appropriately submitted to this Court.

    Respectfully Submitted,

    /s/ John Mejia_________


    John Mejia
    Leah Farrell
    Jason Groth
    Sara Wolovick
    ACLU of Utah Foundation, Inc.

    Steven Burton
    Utah Association of Criminal Defense
    Attorneys

    Aaron M. Kinikini
    Nicholas H.K. Jackson
    Disability Law Center

    Attorneys for Plaintiffs-Petitioners

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