Eastern District of Kentucky
FILED
UNITED STATES DISTRICT COURT Dec - 21 2020
EASTERN DISTRICT OF KENTUCKY
Robert R. Carr
Clerk, U.S. District Court
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In Re: )
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COURT OPERATIONS RELATED ) GENERAL ORDER
TO COVID-19 ) No. 20-23
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This Order is issued in response to the continuing prevalence of COVID-19 cases
within the counties comprising the Eastern District of Kentucky. Although Kentucky recently
has seen increased stability in the number of new COVID-19 cases, the Commonwealth still
has the 22nd highest rate of test positivity in the United States.1 On December 17, 2020,
Kentucky saw 3,349 new cases of the novel coronavirus and the state’s positivity rate remained
at 8.45 percent.2 One hundred seventeen of Kentucky’s 120 counties are considered critical
“red zones,” which means that the average number of daily cases in those counties is 25 or
more per 100,000 people.3 Official recommendations for reducing the number of COVID-19
1
WHITE HOUSE CORONAVIRUS TASK FORCE REPORTS FOR KENTUCKY, (Dec. 13, 2020),
https://gscdn.govshare.site/381d0fbb43b611527a8f1c329301ef51fd555fcf/Kentucky%20Dec
%2013.pdf.
2
COVID-19 DAILY REPORTS, (Dec. 17, 2020),
https://chfs.ky.gov/cvdaily/COVID19DailyReport1217.pdf.
3
KENTUCKY CABINET FOR HEALTH AND FAMILY SERVICES, Red Counties as of Thursday,
December 17, 2020, (Dec. 17, 2020),
https://chfs.ky.gov/agencies/dph/covid19/ThursdayRedCounties.pdf.
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cases within red zones include rescheduling any public events, avoiding non-essential
activities outside the home, and avoiding gatherings of any size.4
In support of the actions outlined below, the Court takes judicial notice of the following
facts. On October 2, 2020, the United States Department of Health and Human Services
Secretary Alex Azar renewed his January 27, 2020 determination that a public health
emergency exists as a result of the continued consequences of COVID-19.5 Following Azar’s
initial determination, Governor Beshear declared a state of emergency, via Executive Order
2020-215, which remains in effect. On November 20, 2020, the Kentucky Supreme Court
issued Amended Order 2020-72, which provides that all state jury trials will be postponed until
after February 1, 2021.6 Additionally, the United States District Court for the Western District
of Kentucky has ordered that no trial shall begin on or before February 26, 2021.7
The Court acknowledges national, state, and local guidance regarding the need to limit
large gatherings of persons and seeks to take immediate and necessary precautions to reduce
the possibility of exposure to the virus and slow the spread of the disease, to the extent
4
KENTUCKY CABINET FOR HEALTH AND FAMILY SERVICES, Red Zone Reduction
Recommendations, (Dec. 17, 2020),
https://chfs.ky.gov/agencies/dph/covid19/ThursdayRedCounties.pdf.
5
U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, Renewal of Determination that a
Public Health Emergency Exists, (Oct. 2, 2020),
https://www.phe.gov/emergency/news/healthactions/phe/Pages/covid19-2Oct2020.aspx.
6
SUPREME COURT OF KENTUCKY, Amended Order 2020-72, In re: Kentucky Court of
Justice in Response to COVID-19 Emergency: Court Proceedings, (Nov. 20, 2020),
https://kycourts.gov/courts/supreme/Rules_Procedures/202072.pdf.
7
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY, In Re:
Sixth Supplemental Order Concerning Court Operations Related to COVID-19, General Order
20-25 (W.D. Ky. Dec. 4, 2020), https://www.kywd.uscourts.gov/sites/kywd/files/general-
ordes/General_Order_2020-25_Sixth_Supp_Order_Re_Court_Operations.pdf.
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practical. Therefore, consistent with these actions taken by federal, state, and local entities, it
is hereby
ORDERED as follows:
1. All courthouses in the district remain open for business. However, subject to
the specific exceptions outlined in paragraph 2 below, civil and criminal trials scheduled to
begin January 19, 2021 through March 15, 2021, before any district or magistrate judge in the
Eastern District of Kentucky, are CONTINUED GENERALLY, subject to further orders of
the Court. Trials previously scheduled during this period shall be rescheduled by separate
order of the district or magistrate judge assigned to the matter.8
2. Criminal matters scheduled before magistrate judges, such as initial
appearances, arraignments, detention hearings, and the issuance of warrants, shall continue to
take place in the ordinary course of business, subject to General Order 20-22, which authorizes
the use of video conferencing and/or telephone conferencing under certain circumstances.
Likewise, hearings scheduled before district judges during the period identified in paragraph
1 shall proceed as scheduled, subject to intervening orders of the judge assigned to the matter.
3. Any matter involving an attorney or party who is ill or in a high-risk category
may be rescheduled by the presiding judge. However, counsel shall be responsible for advising
the presiding judge of such illness or high-risk by filing an appropriate notice or motion
containing sufficient information to allow the presiding judge to make an informed decision
regarding any cancelation or continuance.
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Any judge may, in his or her discretion, determine that the need to conduct a jury trial
during this period outweighs the public health concerns addressed herein.
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4. Subject to intervening orders, Grand Juries shall continue to meet as currently
scheduled.
5. Regarding criminal trials set during the period identified in paragraph 1, based
on public health recommendations and the severity of risk posed to the public9 the time period
of the continuance caused by this General Order shall be excluded under the Speedy Trial Act,
as the Court specifically finds that the ends of justice served by ordering the continuance
outweigh the best interests of the public and the defendant’s right to a more speedy trial. 18
U.S.C. § 3161(h)(7)(A). Subject to intervening orders, the period of exclusion shall be from
January 19, 2021 to March 15, 2021. The district judge assigned to the matter may extend this
period if circumstances warrant.
The Court recognizes the right of criminal defendants to a speedy and public trial under
the Sixth Amendment to the United States Constitution, and the particular application of that
right in cases involving defendants who are detained pending trial. Therefore, in the event any
affected party disagrees with the Court’s analysis regarding the time excluded under the
Speedy Trial Act, he or she may move for reconsideration in the individual case. Likewise,
the government may seek reconsideration. Any motion for reconsideration shall be directed
to the district judge assigned to the matter.
6. As noted in paragraph 1 above, the office of the Clerk of the Court shall remain
open for business. Likewise, the United States Probation Office, and all other court services
shall remain open, subject to intervening orders of the Court. The United States Bankruptcy
9
Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus
Disease 2019 (COVID-19), May 2020, (Updated Dec. 4, 2020),
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html.
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Court for the Eastern District of Kentucky may impose such restrictions on hearings, meetings,
and other matters as that court unit determines to be necessary and appropriate.
Dated: December 21, 2020.
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