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 2020-07
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STANDING ORDER EXTENDING JURY TRIAL MORATORIUM
BECAUSE OF NATIONAL EMERGENCY
On March 16, 2020, this Court issued a standing order that
among other things established a temporary moratorium on all jury
trials until May 16, 2020 because of the COVID-19 (coronavirus)
pandemic. See Middle District Standing Order 2020-01 as amended
by Standing Order 2020-02. That order, which has been entered in
all pending criminal cases, granted a continuance in all criminal
cases from March 17, 2020 through May 16, 2020, specifically
excluding that period from the Speedy Trial Act calculations.
Since the issuance of that order, Congress enacted the Coronavirus
Aid, Relief, and Economic Security Act, H.R. 748 (the CARES Act),
which authorizes the Judicial Conference of the United States to
provide the Chief Judges of the United States District Courts
authority to permit identified criminal proceedings by video or
audio conference. And on March 29, 2020, the Judicial Conference
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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.” Based upon these findings and pursuant to the
CARES Act, this Court entered another standing order on March 30,
2020 that authorized the judges of this district to conduct
hearings by telephone and video conference. That order was based
upon the specific finding that because of the circumstances giving
rise to the national emergency, the appearance of persons live at
the courthouse for court proceedings would place the public health
and safety in serious jeopardy. See Standing Order 2020-03. That
order is effective for ninety days from the date it was entered
unless extended by the Court.
The national emergency declared by the President regarding
COVID-19 remains in effect. The conditions that authorized this
Court’s previous standing orders regarding COVID-19 persist.
Holding jury trials continues to pose a substantial risk of harm
to the health and safety of summonsed jurors, witnesses, parties,
court personnel and members of the public. Jury trials cannot be
conducted remotely. This health and safety risk will continue
beyond the end of the Court’s present jury trial moratorium which
is scheduled to terminate on May 16, 2020. The Court therefore
finds it necessary and appropriate to extend this moratorium until
July 13, 2020.
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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 July 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.
The Court also extends Standing Order 2020-03 to correspond
with today’s findings and directives such that the provisions of
that order shall remain in effect until July 13, 2020, unless
otherwise ordered by the Court. All previous standing orders shall
remain in effect except to the extent that 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 July 13,
2020 in this district.
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This 1st day of May, 2020
S/Clay D. Land
CLAY D. LAND
CHIEF UNITED STATES DISTRICT JUDGE
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