UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
In Re: NINTH SUPPLEMENTAL ORDER GENERAL ORDER
CONCERNING COURT OPERATIONS NO. 21-08
RELATED TO COVID-19
***
On January 15, 2021, this Court entered General Order 21-03, continuing all jury trials and
grand jury proceedings through April 2, 2021. While the number of new COVID-19 cases has
declined significantly, the positivity rate is presently at 6.30 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 the tenth highest rate of new cases per
100,000 individuals and the fourth highest rate of test positivity in the United States.2 Thirty-seven
of Kentucky’s 120 counties remain in “red zones,” meaning 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 cases within red zones include rescheduling any public events, avoiding
non-essential activities outside the home, and avoiding gatherings of any size.4
Against this backdrop, a total of 594,380 individuals have received at least the first dose of
the COVID-19 vaccine as of February 23, 2021.5 Governor Andy Beshear has announced that
Kentucky’s regional COVID-19 vaccination sites will begin administering doses of the vaccine to
1
See the Kentucky Cabinet for Health and Family Service’s daily report for February 23, 2021.
Which U.S. States Meet WHO Recommended Testing Criteria? JOHNS HOPKINS UNIVERSITY & MEDICINE
CORONAVIRUS RESOURCE CENTER, (Updated Feb. 24, 2021), https://coronavirus.jhu.edu/testing/testing-
positivity
2
WHITE HOUSE CORONAVIRUS TASK FORCE REPORTS FOR KENTUCKY, (Feb, 21, 2021),
https://gscdn.govshare.site/381d0fbb43b611527a8f1c329301ef51fd555fcf/Kentucky%202.21.21.pdf
3
Kentucky Coronavirus Monitoring, TEAM KENTUCKY, (Updated Feb. 23, 2021)
https://govstatus.egov.com/kycovid19
4
Kentucky Cabinet for Health and Family Services, Red Zone Reduction Recommendations, (Announced November
19, 2020),
5
COVID-19 Vaccine, TEAM KENTUCKY, (Updated Feb 23, 2021), https://govstatus.egov.com/ky-covid-vaccine
those eligible under Phase 1C of the Commonwealth’s vaccination plan6. Phase 1C, however,
includes more than 1 million Kentuckians and Governor Beshear has indicated that it could take
10 to 11 weeks for Kentucky to work through this Phase.7
Based upon the forgoing, it remains imperative that the Court continue to limit the number
of persons whose presence is required in its courthouses in order to reduce the possibility of
exposure to the virus and slow the spread of the disease, to the extent practical. It is, therefore,
hereby ORDERED as follows:
1. JURY TRIALS. All civil and criminal jury trials scheduled to begin on or before
April 30, 2021, are CONTINUED GENERALLY and shall be rescheduled by separate order of
the presiding judge. 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.
2. TRIAL DEADLINES. All trial-specific deadlines in criminal cases scheduled for
trial on or before April 30, 2021, are continued pending further order of the Court. Individual
judges may continue trial-specific deadlines in civil cases at their discretion.
3. GRAND JURY. All grand jury proceedings are CONTINUED through April 30,
2021.
4. GRAND JURY IMPANELMENT. Due to the continuation of grand jury
proceedings within the Western District, General Order 21-07 is hereby AMENDED as follows:
a. Louisville Grand Jurors. The prospective grand jurors who were summoned to
serve an eighteen (18) month term of service beginning April 9, 2021 shall, instead, serve
an eighteen (18) month term beginning on May 7, 2021.
b. Bowling Green The prospective grand jurors who were summoned to serve an
eighteen (18) month term of service beginning April 14, 2021 shall, instead, serve an
eighteen (18) month term beginning on May 19, 2021.
6
Deborah Yetter and Sarah Ladd, Beshear: Kentucky’s regional sites to expand COVID-19 vaccinations to more
people March 1, Courier Journal (Updated Feb. 22, 2021), https://www.courier-
journal.com/story/news/local/2021/02/22/kentuckys-regional-sites-begin-1-c-vaccinations-march-1/4546880001/
7
Kentucky’s regional vaccination centers starting Phase 1C on March 1, Beshear says, WDRB, (updated Feb. 22,
2021), https://www.wdrb.com/news/coronavirus/kentuckys-regional-vaccination-centers-starting-phase-1c-on-
march-1-beshear-says/article_3287dfc8-7554-11eb-b2d4-3bb3c58d470e.html
5. SPEEDY TRIAL ACT CONSIDERATIONS. The Court finds that due to the
public health risks associated with summoning large groups of prospective jurors, the public’s
perceptions of the risks associated with jury service, and its reduced ability to obtain an adequate
spectrum of jurors, the time period of the continuance caused by this Order shall be excluded under
the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), as the Court specifically finds that the ends of
justice served by taking this action outweigh the interests of the parties and the public in a speedy
trial. Subject to intervening orders, the period of exclusion shall be from the date of this Order
through April 30, 2021. The district judge assigned to the matter may extend this period as
circumstances may warrant. This Order and period of exclusion is incorporated by reference as a
specific finding pursuant to 18 U.S.C. § 3161(h)(7)(A) in the record of each pending case where
the Speedy Trial Act applies. See Zedner v. United States, 547 U.S. 489, 506-07 (2006).
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. No party impacted by the Court’s
analysis regarding the time excluded under the Speedy Trial Act is foreclosed from seeking relief
from this General Order.
This Order shall be effective upon entry. The Court shall vacate, amend, or extend this
Order no later than April 30, 2021. All provisions of previous General Orders concerning court
operations that are not inconsistent with this Order shall remain in effect.
DATED: February 25, 2021
ENTERED
JAMES J. VILT JR., CLERK
2/25/2021
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
