IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
IN RE: *
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COVID-19 PUBLIC HEALTH AND SAFETY * STANDING ORDER 2020-08
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STANDING ORDER EXTENDING JURY TRIAL MORATORIUM
BECAUSE OF NATIONAL EMERGENCY
On March 16, 2020, and May 1, 2020, this Court issued standing orders that
established a combined temporary moratorium on all jury trials until July 13, 2020
because of the COVID-19 (coronavirus) pandemic. See Middle District Standing Order
2020-01 as amended by Standing Order 2020-02, Middle District Standing Order 2020-
07. The orders granted a continuance in all criminal cases from March 17, 2020
through July 13, 2020, specifically excluding that period from the Speedy Trial Act
calculations.
COVID-19 continues to spread throughout our State and within the Middle
District of Georgia, and the presidential declaration of the COVID-19 national
emergency remains in effect. It is this Court’s opinion that jury trials cannot be held
without jeopardizing the health and safety of jurors, parties, witnesses, court staff, and
the public. The latest data available to this Court indicates that this risk will persist at
least throughout the summer. The Court therefore finds it necessary and appropriate to
extend this moratorium until September 13, 2020. Accordingly, absent compelling
circumstances found by the presiding judge, jury trials shall not be held in the Middle
District of Georgia until September 13, 2020.
With regard to criminal proceedings, the Court finds that the right of defendants
in criminal cases and the public to a speedier trial during this extended moratorium is
substantially outweighed by the public interest of protecting the health and safety of
defendants, the case participants, court employees, jurors, and the public, which can
only be protected by this moratorium on jury trials. The ends of justice require this
continuance. Accordingly, the time period of the continuance shall be extended so that
it is now March 17, 2020 to September 13, 2020, and this period shall be excluded
under the Speedy Trial Act, 18 U.S.C. §3161(h)(7)(A). Although this order shall have
the effect of continuing all jury trials during this period, any defendant in a criminal case
shall have the right to file a motion for a speedier trial, which shall be considered and
decided by the judge assigned to the defendant’s case.
As authorized by the Coronavirus Aid, Relief, and Economic Security Act, H.R.
748 (the CARES Act), the Court previously issued standing orders authorizing the use
of video and/or audio conference to conduct identified criminal proceedings. See
Middle District Standing Order 2020-03, Middle District Standing Order 2020-07. The
Court specifically finds that this authority remains necessary and in certain
circumstances the appearance of persons live at the courthouse for court proceedings
would place the public health and safety in serious jeopardy. Accordingly, the Court
renews its authority under the CARES Act to conduct the proceedings identified in
Standing Order 2020-03 by video and/or audio means for an additional 90 days until
September 30, 2020.
All previous standing orders shall remain in effect except to the extent that
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certain provisions are inconsistent with today’s order. The Clerk shall docket today’s
order in every criminal case presently pending and that shall become pending prior to
September 13, 2020 in this district.
SO ORDERED, this 1st day of July, 2020.
S/ Marc T. Treadwell
MARC T. TREADWELL
CHIEF UNITED STATES DISTRICT JUDGE
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