UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
In Re: TENTH SUPPLEMENTAL ORDER GENERAL ORDER
CONCERNING COURT OPERATIONS N0. 21-11
RELATED TO COVID-19
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On May 13, 2021, the Centers for Disease Control and Prevention (CDC) issued Interim
Public Health Recommendations for Fully Vaccinated People that provide that those who have
been fully vaccinated for COVID-19 can resume activities without wearing masks or physically
distancing, except where required by federal, state, local, tribal, or territorial laws, rules and
regulations, including local business and workplace guidance1. Pursuant to the CDC’s
recommendations, people are considered fully vaccinated for COVID-19 two (2) weeks after
receiving the second dose in a 2-dose series (Pfizer-BioNTech or Moderna) or two (2) weeks after
receiving a single-dose vaccine (Johnson and Johnson or Janssen2).
Governor Andy Beshear has indicated that the Commonwealth will “immediately follow”
the new rules3. Accordingly, the Court hereby ORDERS as follows:
1. COURTHOUSE ACCESS. Effective May 14, 2021:
a. Public Entry Hours. All Courthouses within the Western District of Kentucky
shall be open to the public from 8:00 a.m. until 5:00 p.m.
b. Face Coverings. Only those individuals who have not been “fully vaccinated,”
as that term is defined by the CDC, shall be required to wear face covering in order
to enter a courthouse. Nothing in this Order shall be deemed to prevent any
individual from wearing a face covering, regardless of their vaccination status.
c. Entry Restrictions. The following individuals shall not enter the Courthouses:
i. Individuals who have been diagnosed with COVID-19.
ii. Individuals who have been asked to self-quarantine by any doctor,
hospital, or health agency.
d. Notice. The Clerk shall cause to have a summary of this Order’s requirements
prominently posted on the entryway to each courthouse.
1
See CDC Interim Public Health Recommendations for Fully Vaccinated People, Updated May 13, 2021.
2 Id.
3 John Bacon, Jorge L. Ortiz, Elinor Aspegren, and Emma Austin, Gov. Beshear says Kentucky will follow
CDC’s new mask guidelines ‘immediately’ (published may 13, 2021)
2. COURT PROCEEDINGS GENERALLY. Each presiding judge shall retain the
discretion to require those persons present at a court proceeding to wear a face covering
and to establish social distancing requirements.
3. CLERK’S OFFICE HOURS OF OPERATION. The Clerk’s office shall be open to
the public from 8:30 a.m. through 4:30 p.m., local time.
4. AUTHORIZATION TO USE VIDEO AND TELEPHONE CONFERENCING FOR
CRIMINAL PROCEEDINGS PURSUANT TO THE CARES ACT. On March 24, 2021, the
Court entered General Order 21-09, extending its previously entered authorizations for the use of
video and telephone conferencing, under certain circumstances and with the consent of the
defendant, for various criminal case events pursuant to the Coronavirus Aid, Relief, and Economic
Security Act (“CARES ACT”), P.L. 116-136, H.R. 748. The Court has been informed by the
United States Marshal Service that, as of May 12, 2021, it has 262 individuals in custody. Of those
individuals, roughly 100 have been offered the COVID-19 vaccination but that only 32 have
chosen to be vaccinated.
Were the Court to exclusively conduct in-person criminal hearings, many unvaccinated
individuals would come together in closed spaces. The Court recognizes that each criminal
proceeding conducted in our Courthouses is unique, and a review of the hurdles faced over the
course of the last year reveals a wide spectrum of scenarios, some in which in-person proceedings
are prudent and can be safely conducted, and others in which they are not. As such, General Order
21-09 shall remain in effect until June 22, 2021, unless terminated earlier.
This Order shall be effective immediately. All previously entered general orders concerning
court operations related to COVID-19 shall remain in effect to the extent they are not inconsistent
with the instant Order.
DATED this 14th day of May, 2021.
ENTERED
JAMES J. VILT JR., CLERK
5/14/2021
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
