Dayton Daily News

Miami County deputies to screen people coming into Courthouse

- By Nancy Bowman Contributi­ng Writer

Miami County leaders have agreed to have sheriff ’s deputies screen people coming into the county’s courts and ask them about their history with COVID-19.

Commission­ers met with prosecutor­s, a Municipal Court judge and the sheriff last week in an at times heated discussion about who should oversee social distancing needs and screening of people entering the county Courthouse.

The Courthouse is home to the county’s municipal court on the third floor along with probation offices on the second floor. The first floor is used for non-court business including the board of elections.

The meeting with commission­ers followed a series of emails the last few weeks that involved commission­ers and staff, Sheriff Dave Duchak and Municipal Court judges Samuel Huffman and Gary Nasal, according to emails obtained through a public records request to the commission­ers’ office.

The sheriff has deputies who staff the security checkpoint into the building.

Among issues was who should be screening people coming into the building to ensure the court rooms and hallways did not exceed numbers permitted with social distancing in place due to COVID-19 restrictio­ns. Since the security checkpoint opened while COVID19 limited access to county buildings during the state of emergency in Ohio and the county, the security deputies were asking people the nature of their business as they entered the Courthouse.

Duchak said those emergency declaratio­ns gave him the authority to limit access but that the authority expired when the orders did in mid-May according to legal advice from Prosecutor Tony Kendell.

“We will help all we can, but it has to be within the law,” Duchak said.

Commission­er Ted Mercer said the arrangemen­t would be temporary until all COVID19 restrictio­ns end. “How can we make this work?” he asked.

Huffman said he was speaking for himself but not fellow Judge Nasal, who is the court administra­tive judge. Nasal said in one of his emails he would not attend the meeting with commission­ers but would be available by phone if needed.

Nasal’s emails said he thought the issues should have been resolved already and asked commission­ers for action to avoid court hearing delays.

“What is relevant is doing the right thing ... to protect the health and welfare of people coming into the building,” Huffman said in the meeting. As the business of the courts has picked up with easing of some COVID19 restrictio­ns the numbers of people on the second and third floors of the Courthouse can be a concern, he said. Many people coming to court often bring friends and relatives, which can cause issues with numbers and social distancing requiremen­ts.

After extensive discussion, Huffman, Duchak and the prosecutor­s met in another room.

On returning, Huffman said there had been some “miscommuni­cation” and suggested a “tweak” of a previous court COVID-19 order could solve the issue. Kendell agreed. Huffman agreed to discuss that suggestion with Nasal, who Friday signed the revised order.

“I don’t have any problem doing this,” Duchak said Friday after the updated order was issued.

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