FILED
September 13, 2021
At: 6:22 p.m.
William T. Walsh
IN THE UNITED STATES DISTRICT COURT Clerk
FOR THE DISTRICT OF NEW JERSEY
IN RE: COVID-19 VACCINATION AND TESTING :
REQUIREMENTS OF VISITORS TO COURT :
FACILITIES AND OF FEDERAL DETAINEES : STANDING ORDER 2021-08
IN THE DISTRICT OF NEW JERSEY :
This Standing Order is issued in response to the recent increase in the transmission
of COVID-19, due to the delta and other variants, and actions taken by several authorities,
including:
The CDC’s guidance, on July 27, 2021, advising all persons, including those fully
vaccinated,* to wear a mask in public indoor settings, in areas of substantial or high
transmission;
The directives of the Safer Federal Workforce Task Force (“Task Force”), established
pursuant to President Biden’s Executive Order No. 13991, in its COVID-19 Workplace
Safety: Agency Model Safety Principles (“Model Safety Principles”), issued on July 29,
2021;
President Biden’s announcement, on August 6, 2021, of testing and other requirements of
Executive Branch employees and onsite federal contractors who are not fully vaccinated
against the virus, implementing the Task Force’s Model Safety Principles;
The mandate, on August 23, 2021, by New Jersey Governor, Phil Murphy, that all state
employees, including those at state agencies, authorities, public colleges and universities,
be fully vaccinated by October 18, 2021, or submit to regular COVID-19 testing;
The New Jersey State Judiciary requirement that all of its employees become fully
vaccinated or submit to regular COVID-19 testing;
The full and final approval by the U.S. Food and Drug Administration of the widely
available Pfizer vaccine, on August 23, 2021; and
President Biden’s Executive Order of September 9, 2021, removing the testing option
previously allowed, pursuant to the Task Force’s Model Safety Principles, and requiring
that Executive Branch employees be fully vaccinated against COVID-19.
* A person is considered fully vaccinated two weeks after receiving the second dose
in a 2-dose series (e.g., Pfizer, Moderna) or two weeks after receiving a single-dose vaccine
(e.g., Johnson & Johnson).
In consideration of the above actions taken, and the fact that all 21 counties of New
Jersey are areas of high transmission of the virus, and, to protect the health and safety of the
public and Court staff, this Court recently established a policy mandating that all employees
of the U.S. District Court, U.S. Bankruptcy Court, Probation, and Pretrial Services, in the
District of New Jersey (“Court employees”), be fully vaccinated by October 19, 2021. The
Court now finds it necessary and appropriate to adopt the following requirements, applicable
to all persons other than Court employees (“visitors”), seeking entry into any U.S. Courthouse
or any site of a Probation or Pretrial Services Office, in the District of New Jersey (“Court
facilities”), with the exception of: petit and grand jurors; individuals younger than 12 years
of age; and persons who will be onsite in Court facilities for less than 15 minutes (“excepted
persons”).
IT IS, THEREFORE ORDERED, regarding visitors generally, that:
1. Subject to further specifications noted below, visitors, who are not excepted persons,
will be granted entry into Court facilities only upon providing proof that they have been fully
vaccinated against COVID-19. Acceptable proof of vaccination shall consist of that person's
vaccination card or a recognized application, such as the Docket mobile phone application
record or any similar State specific application that produces a digital health record,
accompanied by proof of identification.
2. Those visitors who are not excepted persons, and who fail to provide proof of full
vaccination, including those who decline to disclose their vaccination status, will be granted
entry only upon presenting proof of a negative result from a PCR test (not a rapid test) taken
no more than 72 hours prior to seeking entry, and proof of identification.
3. The term “visitor(s)” herein expressly includes, but is not limited to: attorneys;
criminal defendants, including federal detainees; government agents; investigators; employees
of counsel; parties or party representatives in civil matters; witnesses; employees of state and
federal law enforcement agencies, including Deputy U.S. Marshals and Court Security Officers;
members of the press; observers of court proceedings; contractors; and vendors.
4. All persons, including those denied entry into Court facilities, for failure to provide
proof of full vaccination or of a negative COVID-19 test result, may deposit and date-stamp
papers in drop boxes at each Courthouse entrance, Monday through Friday, during the hours
posted on the Court’s website.
5. Until further Order of the Court, all of the Court’s safety protocols, established by
earlier Standing Orders, remain in place. That is, masks completely covering the nose and mouth
are still required of all entrants to, and occupants of Court facilities, regardless of vaccination
status, in all public areas of Court facilities. All persons seeking entry to Court facilities,
including fully vaccinated persons, must abide by the entry screening processes of temperature
screening and hand sanitizing. Additionally, all occupants of Court facilities must observe
markings and instructional signage regarding masks, social distancing, occupancy restrictions
and hand sanitizing.
6. Masked persons within Court facilities may be asked to lower their masks briefly for
identification purposes, in compliance with safety and security requirements, and the removal
of masks may also be ordered at the discretion of the judicial officer before whom masked
persons appear.
IT IS FURTHER ORDERED, regarding federal detainees specifically, that:
1. Federal detainees housed in detention centers in this District who are not fully
vaccinated must be tested for COVID-19 prior to appearing for in-person court hearings, and
where practicable and when space allows, said detention centers shall hold those detainees
in quarantine, in between the test’s administration and the hearing, to protect against further
exposure before transport to the Court.
2. As test results may not be available prior to initial court appearances, the use of
video conferencing, or teleconferencing if video conferencing is not readily available, remains
appropriate for initial appearances, arraignments, detention hearings, and preliminary hearings,
upon the consent of the defendant, to the extent consistent with the CARES Act and this Court’s
Second Extension of Standing Order 2021-03.
3. The United States Attorney’s Office must notify the United States Marshals Service
of any in-person hearing for an in-custody defendant 7 days prior to the hearing to ensure that
the detention center housing that defendant has sufficient time to administer the test, and to avoid
any unnecessary testing for canceled or moved hearings.
IT IS FURTHER ORDERED that consenting parties in a civil jury trial may move
before the presiding judicial officer to request that all sitting jurors be fully vaccinated.
IT IS FURTHER ORDERED that:
1. The United States Marshal, his Deputies, and the Court Security Officers shall
enforce this Order.
2. This Standing Order does not affect the COVID-19 mandatory vaccination policy
previously established for Court employees.
3. This Order shall take effect on September 20, 2021.
4. The Court shall continue to closely monitor the public health emergency created
by the COVID-19 pandemic and amend this Order, or enter additional Orders, as circumstances
warrant.
DATED: September 13, 2021 _____________________
Hon. Freda L. Wolfson
U.S. Chief District Judge
District of New Jersey
