USDC DNJ
DOCUMENT
ELECTRONICALLY FILED
IN THE UNITED STATES DISTRICT COURT DOC #: ___________________
FOR THE DISTRICT OF NEW JERSEY January 27, 2021
DATE FILED: _______________
IN RE: FURTHER SUSPENSION OF IN-PERSON :
JUDICIAL PROCEEDINGS AND LIMITATION : STANDING ORDER 2021-02
OF GRAND JURY PROCEEDINGS, DUE TO COVID-19 :
WHEREAS, due to the continuing COVID-19 pandemic, the National Emergency
declared on March 13, 2020 remains in effect, and the national public health emergency, first
declared on January 31, 2020, was recently extended by the federal government for the fourth
time, for 90 days, or from January 21, 2021 to April 21, 2021; and
WHEREAS, in response to the continuing pandemic, on January 19, 2021, the Governor
of the State of New Jersey again extended the Public Health Emergency, first declared on
March 9, 2020, for another 30 days; and
WHEREAS, the Centers for Disease Control and Prevention (CDC) and other public
health authorities continue to advise taking precautions to reduce the possibility of exposure
to COVID-19 and to slow the spread of the disease by, among other things, wearing face
coverings, severely restricting the size of group gatherings of people, especially indoor
gatherings, and maintaining six feet of physical distance from others (“social distancing”); and
WHEREAS, the United States District Court for the District of New Jersey (“Court”)
remains in Phase Three of its Recovery Guidelines, mandating the wearing of face coverings,
social distancing, limited elevator occupancy and observance of instructional signage, and the
Court’s Phase Three status is expected to continue for the period covered by this Standing
Order; and
WHEREAS, this Court’s authorization, pursuant to the CARES Act and its Third
Extension of Amended Standing Order 2020-06, of the use of video and telephone conferencing,
under certain circumstances and with the consent of the defendant, for various criminal case
events during the course of the COVID-19 emergency, remains in effect until March 17, 2021,
unless terminated or vacated prior thereto; and
WHEREAS, due to the exigent circumstances created by COVID-19, the Court has
found it necessary to continue all civil and criminal jury selections and jury trials to March 12,
2021, through its entry of the Third Extension of Standing Order 2020-12; and
WHEREAS, due to the significant risk of infection from COVID-19, the Court’s other
prior Standing Orders, applicable to all persons seeking entry into and occupying this District’s
courthouses, and which require the wearing of face coverings (2020-13), establish a COVID-19
protocol for all entrants (2020-14), and institute temperature screenings of all entrants (2020-16),
remain in effect; and
WHEREAS, nationwide, the number of confirmed cases of COVID-19 has surpassed
25 million, with nearly 420,000 total deaths and 71,000 deaths in the month of January 2021
alone;
WHEREAS, in New Jersey, the number of confirmed cases of the disease now exceeds
600,000, with confirmed deaths nearing 19,000, and when the over 2,000 probable deaths are
included, New Jersey’s COVID-19 death rate of almost 2.4 per 1,000 people is the highest in the
nation; and
WHEREAS, the distribution of FDA-approved vaccines, which commenced in New
Jersey in mid-December 2020, is proceeding at a much slower rate than anticipated and there is
currently a shortage of the vaccine at the federal level, with vaccine supply in New Jersey now
limited; and
WHEREAS, the risk of infection, re-infection and death from disease has actually
increased, due to the introduction in the United States of three variants of the original COVID-19
strain, which are more contagious than the original strain, and the effectiveness of the current
FDA-approved vaccines against existing and possibly, future, variants has not been confirmed;
and
WHEREAS, in response to the spread of such variants of the disease to the United
States, President Biden has imposed an entry ban on non-U.S. travelers from many countries;
and
WHEREAS, New Jersey’s travel advisory indicates that, due to the increased number
of COVID-19 cases across all states, there is a heightened risk of the spread of COVID-19 upon
travelers’ return to New Jersey from any travel, and New Jersey continues to strongly discourage
all non-essential interstate travel; and
WHEREAS, in response to the continued, severe effects of COVID-19 and its variants,
presenting a serious threat to public health and safety, the Court deems it necessary to extend its
prior suspension, entered in the Extension of Standing Order 2020-17, of all in-person judicial
proceedings, in both civil and criminal cases, regardless of whether the criminal defendant is in
or out of custody,
IT IS, THEREFORE, on this 27th day of January, 2021, ORDERED THAT:
1. Except as otherwise provided herein, all in-person judicial proceedings in this District,
in both civil and criminal cases, shall be suspended through March 12, 2021.
2. Notwithstanding the provisions of this Standing Order, the provisions of the Court’s
Third Extension of Amended Standing Order 2020-06 (“In Re: Video Conferencing and
Teleconferencing for Criminal Proceedings under The CARES Act”) shall remain in full force
and effect.
3. Until further Order of the Court, grand jury sittings in this District shall be limited
and convened only to the extent deemed necessary and warranted under the circumstances.
____________________
_____________________
Hon. Freda L. Wolfson
Wolf lffson
Chief U.S. District Judge
