FILED
March 11, 2021
At: 4:30 p.m.
William T. Walsh
IN THE UNITED STATES DISTRICT COURT Clerk
FOR THE DISTRICT OF NEW JERSEY
IN RE: FURTHER SUSPENSION OF IN-PERSON :
JUDICIAL PROCEEDINGS AND LIMITATION : EXTENSION OF
OF GRAND JURY PROCEEDINGS, DUE TO COVID-19 : STANDING ORDER 2021-02
WHEREAS, due to the continuing COVID-19 pandemic, the National Emergency,
declared on March 13, 2020, was continued by President Biden on February 24, 2021, and
the national public health emergency, first declared on January 31, 2020, was extended by the
federal government through April 20, 2021; and
WHEREAS, in response to the continuing pandemic, on February 17, 2021, the
Governor of the State of New Jersey again extended the Public Health Emergency, first
declared on March 9, 2020, for an additional 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, restricting the size of group gatherings of people, especially indoor gatherings,
and maintaining six feet of physical distance from others (“social distancing”); and
WHEREAS, due to the continuing pandemic, the United States District Court for the
District of New Jersey (“Court”) still observes its COVID-19 Recovery Guidelines, mandating
the wearing of facial coverings, social distancing, and limited elevator occupancy in the
District’s courthouses, and is not expected to resume normal operations before the expiration
of this Extension; and
WHEREAS, pursuant to the CARES Act and its Standing Order 2021-03, this Court’s
authorization 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 June 9, 2021, unless terminated or vacated prior
thereto; and
WHEREAS, due to the exigent circumstances created by COVID-19, the Court finds it
necessary to continue all civil and criminal jury selections and jury trials to June 1, 2021, through
its entry of Standing Order 2021-04; and
WHEREAS, due to the ongoing 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 COVID-19 cases is approaching
30 million, with over 542,000 total deaths; and
WHEREAS, in New Jersey, the number of confirmed cases of the disease now exceeds
729,000, with more than 21,000 confirmed deaths; and
WHEREAS, under the New Jersey COVID-19 Vaccination Plan, full vaccination of
much of the federal judiciary and of the general public under the age of 65 will not occur until
mid-May, at the earliest; and
WHEREAS, the effectiveness of the available vaccines against current, and potentially,
future, more virulent variants of the virus, is unknown, creating an uncertain impact on the public
health; and
WHEREAS, in response to the continuing, 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 Standing Order 2021-02, 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 11th day of March 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 June 1, 2021.
2. Notwithstanding paragraph 1. above, beginning on April 5, 2021, if a defendant
does not consent to proceed via video or teleconference for an initial appearance, arraignment,
plea or sentencing, the proceeding shall be held in-person, regardless of whether the defendant
is in or out of custody.
3. Notwithstanding the provisions of this Extension, the provisions of the Court’s
Standing Order 2021-03 (“In Re: Video Conferencing and Teleconferencing for Criminal
Proceedings under The CARES Act (Fourth Extension of Amended Standing Order 2020-06)”)
shall remain in full force and effect.
4. Grand jury sittings in this District shall be limited and convened only to the extent
deemed necessary and warranted under the circumstances, until April 5, 2021, at which time,
grand jury proceedings shall resume as normal.
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Hon. Freda L. Wolf
Wolfson
fssoon
U.S. Chief District Judge
