Eastern District of Kentucky
FILED
UNITED STATES DISTRICT COURT Feb - 16 2021
EASTERN DISTRICT OF KENTUCKY
Robert R. Carr
Clerk, U.S. District Court
)
)
In Re: )
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COURT OPERATIONS RELATED ) GENERAL ORDER
TO COVID-19 ) No. 21-02
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This Order is issued in a continuing response to the COVID-19 pandemic that persists
within the counties comprising the Eastern District of Kentucky and throughout the country.
Although Kentucky recently has seen a significant decline in the number of new COVID-19
cases, the positivity rate is presently at 6.57 percent, which exceeds the World Health
Organization’s recommended rate for reopening of five percent or less for at least fourteen
days.1 Additionally, the Commonwealth has reported sixth highest rate of new cases per
100,000 individuals and the eighth highest rate of test positivity in the United States.2 Seventy-
nine of Kentucky’s 120 counties remain in 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
1
Positivity Rate, TEAM KENTUCKY, https://govstatus.egov.com/kycovid19 (last accessed
Feb. 16, 2021).
Which U.S. States Meet WHO Recommended Testing Criteria? JOHNS HOPKINS
UNIVERSITY & MEDICINE CORONAVIRUS RESOURCE CENTER, (Updated Feb. 15, 2021 6:45 a.m.),
https://coronavirus.jhu.edu/testing/testing-positivity
2
WHITE HOUSE CORONAVIRUS TASK FORCE REPORTS FOR KENTUCKY, (Feb, 7, 2021),
https://gscdn.govshare.site/381d0fbb43b611527a8f1c329301ef51fd555fcf/Kentucky_State_Profi
le_Report_20210207_Public.pdf
3
Kentucky Coronavirus Monitoring, TEAM KENTUCKY, (Updated Feb. 16, 2021 8:30 a.m.)
https://govstatus.egov.com/kycovid19
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recommendations for reducing the number of COVID-19 cases within red zones include
rescheduling public events, avoiding non-essential activities outside the home, and avoiding
gatherings of any size.4
Against this backdrop, nearly 556,000 persons in Kentucky have received at least one
COVID-19 vaccination as of February 15, 2021.5 Vaccinations are being offered in phases—
first to people who are more likely to have severe COVID-19 illness and to workers who are
essential to the functioning of society.6 Various providers throughout the state are working to
administer vaccinations in accordance with the statewide vaccination plan as doses become
available.7 However, demand for the vaccine significantly exceeds the state’s current supply
and it is unclear when all phases of vaccine distribution will be completed. (Phases include:
1A for individuals in long-term care facilities, assisted living facilities, and health care
personnel; 1B for first responders, anyone age 70 or older, and K-12 school personnel; 1C for
anyone age 60 or older, anyone age 16 or older with CDC highest risk C19 risk complications,
4
Red Zone Reduction Recommendations, KENTUCKY CABINET FOR HEALTH AND FAMILY
SERVICES, https://chfs.ky.gov/agencies/dph/covid19/RedCountyRecommendation.pdf (last
accessed Feb. 15, 2021).
5
COVID-19 Vaccine, TEAM KENTUCKY, (Updated Feb 15, 2021),
https://govstatus.egov.com/ky-covid-vaccine
6
When Can I Get Vaccinated?, TEAM KENTUCKY, https://govstatus.egov.com/kentucky-
vaccine-survey (last accessed Feb. 15, 2021).
7
Conner Farrell, Beshear: Kentucky ‘very close’ in moving to Phase 1C of Vaccination
Plan, WHAS 11, (Updated Feb. 13, 2021 1:24 p.m.),
https://www.whas11.com/article/news/health/coronavirus/vaccine/vaccine-update-in-louisville-
beshear-international-day-broadbent-arena/417-12eca754-7589-430f-b52f-a693a36f2293
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and all essential workers; 2 for anyone age 40 or older; 3 for anyone age 16 or older; and 4 for
children under the age of 16 if the vaccine is approved for this age group.)
Based on the foregoing, it is imperative that the Court continue observing precautions
to limit large gatherings of persons and reduce the possibility of exposure to the virus and slow
the spread of the disease, to the extent practical. Therefore, consistent with the actions taken
by federal, state, and local entities, 8 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 March 16, 2021 through May 16, 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.9
8
Renewal of Determination that a Public Health Emergency Exists, U.S. DEPARTMENT OF
HEALTH & HUMAN SERVICES, (Jan. 7, 2021),
https://www.phe.gov/emergency/news/healthactions/phe/Pages/covid19-07Jan2021.aspx
Amended Order 2021-02, In re: Kentucky Court of Justice in Response to COVID-19
Emergency: Court Proceedings, SUPREME COURT OF KENTUCKY, (Jan. 6, 2021),
https://kycourts.gov/Courts/Supreme-Court/Supreme%20Court%20Orders/202102.pdf
In Re: Seventh Supplemental Order Concerning Court Operations Related to COVID-19,
General Order 21-03 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
KENTUCKY, (W.D. Ky. Jan. 15, 2021), https://www.kywd.uscourts.gov/sites/kywd/files/general-
ordes/General_Order_2021-03_Seventh_Supp_Order_Re_Court_Operations.pdf
9
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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2. Criminal matters set 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 21-03, which authorizes the use of
video conferencing and/or telephone conferencing under certain circumstances. Likewise,
hearings set 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.
4. Subject to intervening orders, Grand Juries will 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 public10 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
10
Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus
Disease 2019 (COVID-19), CENTERS FOR DISEASE CONTROL AND PREVENTION, (Updated Jan. 4,
2021), https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-
response.html
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March 16, 2021 to May 16, 2021. The district judge assigned to the matter may extend this
period if circumstances warrant in a particular case.
The Court continues to recognize 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
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: February 16, 2021.
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