USDC DNJ
DOCUMENT
ELECTRONICALLY FILED
IN THE UNITED STATES DISTRICT COURT DOC #: ___________________
FOR THE DISTRICT OF NEW JERSEY May 19, 2021
DATE FILED: _______________
IN RE: FURTHER SUSPENSION OF IN-PERSON : AMENDED EXTENSION OF
JUDICIAL PROCEEDINGS, DUE TO COVID-19 : STANDING ORDER 2021-02
WHEREAS, due to the continuing COVID-19 pandemic, the National Emergency,
first declared on March 13, 2020, was continued by President Biden on February 24, 2021,
for an unspecified period of up to one year, and the national public health emergency, first
declared on January 31, 2020, was extended by the federal government on April 15, 2021,
through July 20, 2021; and
WHEREAS, on May 12, 2021, during the continued New Jersey Public Health
Emergency, first declared on March 9, 2020 and due for review by May 15, 2021, New Jersey
Governor Phil Murphy signed Executive Order No. 239, easing restrictions, effective May 19,
2021, in response to signs of significant, recent improvement in key COVID-19 indicators in
New Jersey; and
WHEREAS, under the terms of Executive Order No. 239, percentage-based capacity
restrictions for indoor businesses, outdoor businesses, and houses of worship have been
removed, indoor large venue capacity has been increased, and all outdoor gathering limits have
been removed; and
WHEREAS, however, Executive Order No. 239 mandates that all indoor gatherings are
subject to physical distancing and masking requirements; and
WHEREAS, on May 13, 2021, the Centers for Disease Control and Prevention (CDC)
revised its guidelines to provide that anyone who is fully vaccinated can participate in indoor and
outdoor activities, large or small, without wearing a mask or physical distancing, except in
crowded indoor settings, such as buses, planes, hospitals, and prisons; and
WHEREAS, on May 14, 2021, in response to the continuing pandemic, Governor
Murphy again extended the Public Health Emergency for an additional 30 days, or until mid-
June, via Executive Order No. 240, and, despite the newly revised CDC guidelines, retained the
mandate of masking up when indoors in public places; and
WHEREAS, also, the vaccination rate in New Jersey falls far short of Governor
Murphy’s 70% goal, with many towns in the State having fewer than 40% of their residents
vaccinated, and the locations of the District of New Jersey’s courthouses having low percentages
of their adults fully vaccinated, with Camden at 28%, Newark at 34% and Trenton at 25%; and
WHEREAS, due to the caution still warranted under these circumstances, this Court
continues to observe its COVID-19 Recovery Guidelines, as it enters Phase IV thereof,
requiring the wearing of facial coverings, physical distancing, and limited elevator occupancy
in the District’s courthouses, while these disease-containing measures are mandated by the
Court’s Standing Orders 2020-13, 2020-14 and 2020-16, which remain in effect; 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, upon balancing the afore-mentioned factors, the Court deems it appropriate
to amend its prior suspension, entered in the Extension of Standing Order 2021-02, of all
in-person judicial proceedings, in both civil and criminal cases,
IT IS, THEREFORE, on this 19th day of May 2021, ORDERED THAT the Extension
of Standing Order 2021-02 is hereby amended to provide that, effective immediately:
1. In criminal matters, to the extent consistent with 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)”), which remains in full force and
effect, non-jury proceedings, including, but not limited to, suppression and evidentiary hearings,
shall resume in person, on a limited basis, as is determined by the presiding judicial officer, in
his or her discretion, to be necessary. Consistent with the Court’s Amended Standing Order
2021-04, criminal jury trials shall resume on June 1, 2021.
2. In civil matters, evidentiary hearings, settlement conferences and emergent matters
shall resume in person, on a limited basis, as is determined by the presiding judicial officer, in
his or her discretion, to be necessary. Consistent with Amended Standing Order 2021-04, civil
jury trials shall not resume until September 1, 2021.
3. Apart from the instances outlined in paragraphs 1. and 2. above, judicial proceedings,
in both criminal and civil matters, shall continue to be conducted via video and teleconference
whenever possible, until further Order of the Court.
4. Except as otherwise provided herein, the provisions of the Extension of Standing
Order 2021-02 shall remain in full force and effect.
____________________
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Hon. Freda L. Wolf
Wolfson
fson
U.S. Chief District Judge
