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June 23, 2020
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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IN RE: COVID-19 TESTING OF FEDERAL TEMPORARY GENERAL ORDER
6 PRETRIAL DETAINEES SCHEDULED FOR 2020-09
7 IN-PERSON HEARINGS
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9 In response to the recent outbreak of the coronavirus disease 2019 (“COVID-19”)
10 in the District of Nevada, the Court has issued a series of general orders changing how
11 the Court operates to do its part in containing the spread of COVID-19. See Temporary
12 General Orders 2020-02, 2020-03, 2020-04, 2020-05, 2020-8.1 The Court has begun
13 incrementally resuming in-person hearings, in a phased approach based on
14 recommended health guidelines. As the Court prepares to gradually resume in-person
15 hearings involving in-custody defendants, the Court finds it necessary to adopt
16 additional safety measures.
17 The vast majority of federal criminal defendants detained pretrial are held at the
18 Nevada Southern Detention Center (“NSDC”) and the Washoe County Detention Facility
19 (“WCDF”). Resuming in-person hearings with in-custody defendants held at these two
20 facilities will require increased close contact with the United States Marshals Service,
21 Pretrial Services, Probation, attorneys, and court personnel. To protect the health and
22 safety of all, and ensure the efficient administration of justice, as Chief Judge I hereby
23 order the following.
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1Available at https://www.nvd.uscourts.gov/court-information/rules-and-
26 orders/general-orders/.
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1 1. The United States Marshals Services for the District of Nevada (“USMS”)
2 will take reasonable steps to ensure that in-custody defendants scheduled to appear for
3 in-person court hearings are tested for COVID-19 before the hearing, and with the
4 defendant’s consent. Where the defendant is scheduled for an in-person court
5 appearance that will last more than one day or is scheduled for multiple court
6 appearances within a short period of time, the USMS will exercise discretion in
7 determining if additional testing is needed after the initial in-person court appearance.
8 Where practicable and depending on space availability, the USMS should ensure: (1)
9 the detainee is placed in quarantine following the test’s administration and prior to the
10 hearing to protect against further exposure before transport to court; and (2) the detainee
11 is placed in quarantine for 14 days following an in-person court appearance to minimize
12 the risk of introducing new COVID-19 into NSDC or WCDF.
13 2. Test results will not be immediately available and may take several days.
14 Therefore, the use of video conferencing, or telephone conferencing if video
15 conferencing is not readily available, remains appropriate and should continue for initial
16 appearances, arraignments, detention hearings, and preliminary hearings upon the
17 consent of the defendant.2
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25 2Section 15002(b) of the CARES Act lists the events for which video or telephonic
conferencing is appropriate, and the Court has previously authorized their use. See
26 Temporary General Order 2020-05.
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1 3. The Clerk’s Office staff will coordinate with the USMS to provide the
2 names of in-custody defendants who are scheduled for in-person hearings in advance
3 to ensure NSDC and WCDF have sufficient time to administer the test, and to avoid any
4 unnecessary testing for canceled or moved hearings.
5 This Order is effective until further notice.
6 DATED THIS 23rd day of June 2020.
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9 MIRANDA M. DU, CHIEF JUDGE
10 UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF NEVADA
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