FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Jan 21, 2022, 12:06 pm
Michelle Rynne, Clerk of Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
IN RE: DISTRICT OF HAWAII General Order 22-02
RESPONSE TO COVID-19 PANDEMIC
JANUARY 21, 2022 TEMPORARY GENERAL ORDER REGARDING
DISTRICT OF HAWAII RESPONSE TO COVID-19 PANDEMIC
This Temporary General Order supersedes the Court’s “August 17, 2021
Temporary General Order Regarding District of Hawaii Response to COVID-19
Pandemic.”
The Court continues to monitor the spread of COVID-19 in the State of
Hawaii and the rest of the United States and has carefully considered the need to
protect the public, court employees, jurors, litigants, and counsel from being
exposed to COVID-19. On November 29, 2021, Hawaii Governor David Ige
issued an “Emergency Proclamation Related to the COVID-19 Response.” The
Emergency Proclamation states, in part, that “COVID-19 continues to create
considerable risk of infection for members of our community, and continues to
endanger the health, safety, and welfare of the people of Hawai‘i to require the
serious attention, effort, and sacrifice of all people in the State to avert catastrophic
impacts to the State.”
On January 5, 2022, Rick Blangiardi, Mayor of the City and County of
Honolulu issued Emergency Order No. 2022-01 stating, “A state of emergency or
disaster arising out of, and relating to, the COVID-19 pandemic (including the rise
in the Omicron variant) continues to exist in all or any portion of the City as of the
date and time of this Proclamation and Order requiring action and effort to ensure
the proper functioning of the healthcare system and to promote and protect the
public health, safety, and welfare of the City’s residents.”
COVID-19, and in particular the Omicron variant, has spread rapidly in the
State of Hawaii and the rest of the United States over the past weeks. On July 27,
2021, the Centers for Disease Control and Prevention (CDC) advised all people,
regardless of vaccination status, to wear a mask in public indoor settings in areas of
“substantial” or “high” transmission.
Considering the ongoing threat that COVID-19 poses in the State of Hawaii,
but also taking into account that a significant portion of the State of Hawaii’s
population has been fully vaccinated and the need for the court to continue its
operations, with the agreement of all the judges of the United States District Court
for the District of Hawaii, the Court orders as follows:
Mitigation Measures for the Courthouse:
The courthouse and the Clerk’s Office will be open to the public Monday
through Friday, 8:30 am to 4:00 pm, other than on holidays recognized by
the Court.
All persons entering the courthouse, including but not limited to litigants,
attorneys, members of the public, media, vendors, and contractors, shall be
required to wear a face mask (without valves) that fully covers the nose and
mouth while in all public areas of the courthouse. Three exceptions to this
rule are:
1) children too young to wear a face mask;
2) those who cannot wear a face mask due to medical necessity may
wear a face shield in lieu of a face mask; and
3) a presiding judge may permit specific individuals to forgo wearing a
face mask or permit the wearing of a face shield in lieu of a face
mask, in that judge’s courtroom.
Anyone seeking entry to the courthouse without a face mask will be
provided a free face mask at the courthouse entry. Anyone refusing to wear
a face mask (or face shield, if permitted) as required by this Order shall be
denied entry, or removed from the courthouse, by the United States Marshals
Service.
Hand sanitizer stations will be made available throughout the courthouse,
including immediately upon entry and by all elevators.
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Everyone in public areas of the courthouse will be required to maintain
social distancing of at least six feet, unless exempted by the Court or a
presiding judge in that judge’s courtroom. For instance, while at the entry
pavilion or waiting for an elevator, all visitors are required to maintain at
least a six-foot distance from the nearest person. The courtrooms will have
chairs clearly designated for use that meet the six-foot distancing
requirement.
Entry to the courthouse will be denied to anyone, regardless of vaccination
status:
1) who has tested positive for COVID-19, unless asymptomatic for 10
days after receiving the positive test result;
2) who has been in close proximity (within 6 feet for a total of 15
minutes or more over a 24-hour period) to a person known to have
COVID-19, unless 10 days have passed since the last contact with the
positive individual or the person seeking entry to the courthouse has
tested negative for COVID-19 and has been cleared to be in public by
a physician;
3) who is living in the same household with a person who has tested
positive for COVID-19, unless the person seeking entry has been fully
vaccinated and at least 10 days have passed since the household
member tested positive;
4) who has symptoms of a COVID-19 infection, including fever, chills,
shortness of breath, unexplained coughing, and new loss of taste or
smell; or
5) who is required by the State of Hawaii to be in self-quarantine.
Regardless of vaccination status, any non-courthouse employee planning to
enter the courthouse who has been outside of the State of Hawaii during a
previous 10-day period is required to provide the Court with written
notification that the person intends to enter the courthouse. Notification
must be provided as early as possible. This notification requirement
includes attorneys (appearing for any purpose) and witnesses and applies
regardless of any State of Hawaii quarantine exemption. Attorneys are
responsible to provide notification on behalf of witnesses the attorney
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intends to bring into the courthouse. Notice must be sent to the orders email
address for the presiding judge. See
https://www.hid.uscourts.gov/contactJudges. If grand jury is being held,
notice regarding any grand jury appearances by an attorney or witness must
be sent to Seabright
[email protected]. Each presiding judge retains
the discretion to prohibit entry to any person based on COVID-19 concerns.
Non-Jury Proceedings:
In order to minimize the risk of COVID-19 transmission, the Court will
make efforts to minimize traffic in the courthouse. Each presiding judge
will determine whether civil matters, including case management matters,
settlement conferences, and hearings, will be taken off calendar pursuant to
Local Rule 7.1, or conducted by telephone, Zoom, or in court.
Each presiding judge will determine how to proceed with non-jury trials.
At the discretion of the presiding judge, the Court will continue to conduct
certain criminal proceedings by telephone or Zoom as permitted by the
Court’s most current CARES Act Order.
Certain criminal proceedings that fall outside the Court’s most recent
CARES Act Order will be conducted in court, if possible.
If a presiding judge elects to proceed with a hearing by telephone or Zoom,
all hearings will be available to members of the public and the media, to the
extent permitted and practicable. Specific information will be available on
each case’s individual docket on PACER, and further instructions can be
found on the Court’s website. Members of the public and media are strictly
prohibited from recording or broadcasting any hearing (whether telephonic
or Zoom), in whole or in part, in any fashion. Failure to abide by this
restriction may result in sanctions. Further information may be set forth on
the Court’s website, www.hid.uscourts.gov, and may change from time to
time.
For registered CM/ECF users, filings will be processed in civil and criminal
cases via the CM/ECF electronic system, by mail, in person at the Clerk’s
Office, or through use of the Court’s drop box located outside the
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courthouse. Sealed matters may be filed by email to the Clerk’s Office at
clerks
[email protected].
Pro se litigants may file by mail, in person at the Clerk’s Office, using the
Court’s drop box, or by email to the Clerk’s Office at
[email protected]. File-stamped copies will be returned by
United States mail or email. Anyone seeking assistance from the Clerk’s
Office should call (808) 541-1890. Additional procedures for filing court
documents can be found on the Court’s website at the COVID-19
information page at www.hid.uscourts.gov/covid.
Parties must provide mandatory chambers copies as required by Local Rule
10.3. Mandatory chambers copies may be mailed as permitted by Local
Rule 10.3(c)(2).
Jury Proceedings:
No civil or criminal jury trials will be held before March 1, 2022.
The Court understands that the continuance of jury trials has and will
continue to cause hardship for all parties. For criminal cases, individual
presiding judges will hold trial setting status conferences as required. But
before any status conference is held, parties are required to confer to
determine if a stipulation can be entered to continue the trial date and toll
time under the Speedy Trial Act, which may eliminate the need for a status
conference. Each presiding judge will make appropriate findings and enter
an order (whether as part of a stipulation or as a standalone order) tolling
time under the Speedy Trial Act; that is, each presiding judge will make the
individual findings required by the Speedy Trial Act.
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ORDERED ON BEHALF OF THE COURT:
DATED: Honolulu, Hawaii, January 21, 2022.
/s/ J. Michael Seabright
J. Michael Seabright
Chief United States District Judge
In Re District of Hawaii Response to COVID-19 Pandemic; January 21, 2022 Temporary
General Order Regarding District of Hawaii Response to COVID-19 Pandemic
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