IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
IN RE: *
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CONDUCTING GRAND JURIES * STANDING ORDER 2020-05
DURING THE CORONAVIRUS NATIONAL *
EMERGENCY *
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STANDING ORDER REGARDING GRAND JURIES
DURING THE CORONAVIRUS NATIONAL EMERGENCY
On March 13, 2020, under the National Emergencies Act,
50 U.S.C. §§ 1601–1651, the President of the United States declared
a national emergency as a result of the coronavirus. On March 29,
2020, the Judicial Conference of the United States determined that
“emergency conditions due to the national emergency declared by the
President have materially affected and will materially affect the
functioning of the federal courts generally.” On April 2,
2020, the Governor of Georgia issued a statewide Executive Order
limiting mass gatherings and instituting other restrictive measures
throughout the state in order to prevent the spread of the
coronavirus. The Centers for Disease Control and Prevention and
other public health authorities have advised all citizens to take
precautions to reduce the possibility of exposure to the virus and
slow the spread of the disease, including social distancing. These
agencies, along with the leadership of the Executive Branch, have
warned that certain persons are particularly vulnerable to the
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virus and at a higher risk of developing serious health
complications if they become infected.
On March 30, 2020, this Court issued an order pursuant to
section 15002(b) of the CARES Act finding among other things that
the live appearance of persons for hearings at the District’s
courthouses placed public health and safety in jeopardy and
accordingly authorized video and telephonic hearings. The Court
finds that those emergency conditions persist.
Neither the CARES Act nor this Court’s previous orders
specifically address whether grand jury proceedings may be
conducted without all grand jurors being present collectively in
one room. The Court finds that such proceedings may be conducted
under limited circumstances as described in the remainder of this
order during the present national emergency or until further order
of this court.
In order to protect the health and safety of the public and
the health and safety of court employees, parties and court
participants, and to reduce the size of gatherings otherwise
essential to the administration of justice, the United States
District Court for the Middle District of Georgia orders the
following regarding the convening of the grand jury during the
national emergency arising from the coronavirus pandemic:
Upon being notified by the United States Attorney of the date
upon which the United States Attorney seeks to convene a grand jury
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which has previously been sworn, the Clerk of Court shall notify
grand jurors of procedures for being excused from appearance for
reasons related to the coronavirus. These excuses may include
being in the category of persons who are prohibited from entry into
the Middle District Courthouses under Standing Order 2020-01,
persons who are presently suffering from a contagious illness,
persons who are caring for children or persons who are ill or
incapacitated and cannot make alternative arrangements for their
care, persons who fall into one of the health at-risk categories
as described by the Centers for Disease Control, and persons who
cannot travel to the proceeding without substantial hardship.
All grand jurors who are not excused shall report to the
William A. Bootle Federal Building & U.S. Courthouse in Macon,
Georgia, when summoned. Each grand juror, who does not have their
own mask, shall be provided with one upon their arrival. To
maximize social distancing, the grand jurors will be divided among
the four courtrooms in the federal courthouse and distanced from
one another within each respective courtroom. The courtrooms will
be linked by the Court’s secure VTC system to enable the grand
jurors and other participants to communicate, receive evidence,
hear testimony, ask questions, deliberate, vote, and otherwise
perform the duties of the grand jury. Court Security Officers will
be stationed outside each courtroom to provide security and
otherwise assist with the secrecy obligations of the grand jury.
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All grand jurors convening in the separate courtrooms shall be
collectively counted in establishing a quorum for that grand jury.
Except to the extent modified hereinabove, the Court’s
Standing Order 2020-01, dated March 16, 2020; Standing Order 2020-
02, dated March 20,2020, and Standing Order 2020-03, dated
March 30, 2020, shall remain in place. This Order shall remain in
place as long as this Court’s Standing Order No. 2020-03 remains
in effect, unless it is terminated sooner by the Court.
This 30th day of April, 2020
S/Clay D. Land
CLAY D. LAND
CHIEF UNITED STATES DISTRICT JUDGE
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