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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
In Re:
COURT OPERATIONS UNDER THE
EXIGENT CIRCUMSTANCES GENERAL ORDER NO. 20-05
CREATED BY COVID-19
GENERAL ORDER
This Court issues this General Order in response to the exponential spread of the
Coronavirus Disease 2019 (COVID-19) in the Southern District of Ohio and elsewhere. There
are multiple confirmed cases of COVID-19 throughout the Southern District of Ohio generally
and in each seat of court in the Southern District of Ohio, Columbus, Cincinnati, and Dayton.
President Trump has declared a national emergency, issued guidelines directing at-risk
individuals to remain at home, mandated social distancing, mandated the discontinuance of
discretionary travel, and mandated that people avoid social gatherings in groups larger than ten.
The Governor of the State of Ohio, Michael DeWine, has also declared a state of emergency,
which among other things, limits large indoor gatherings. The Governor's Declaration follows
the Centers for Disease Control and Prevention ("CDC") "Interim Guidance," recommending
that all employers consider how best to decrease the spread of COVID-19, including the review
of guidance from state and local health officials. 1
Given the outbreak of COVID-19 in this district, its exponential spread, the risk of
exposure for the employees in each federal courthouse in the Southern District of Ohio, and in an
effort to protect the safety and health of all those entering into said courthouses,
1 /nterim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19),
February 2020, https://www .cdc.gov/coronavirus2019-ncov/specific -groupsiguidance-business-response.htm I (last
updated February 26, 2020).
IT IS ORDERED, effective immediately, the Joseph P. Kinneary Courthouse
(Columbus), the Potter Stewart Courthouse (Cincinnati) and the Walter H. Rice Courthouse
(Dayton) will be closed to the public except as stated below. This temporary closure will last a
period of fourteen (14) days beginning March 23, 2020, and may be continued by this Court
based upon federal and state public health requirements existing at that time. Pursuant to this
Order:
(1) The above-referenced federal courts will continue to hold criminal sentencings
during this 14-day period. Sentencings will include only those defendants who
are in custody. Defendants who are on bond pending sentencing will be subject to
the extension period of this Order. Family members of the defendants may enter
the courthouse to observe said sentencing hearings. Family is meant to include
immediate family, spouses, or significant others. Consistent with public health
and safety, the press may also attend public sentencing hearings.
(2) All criminal and civil hearings and trial dates in those courthouses scheduled to
proceed during the period of this fourteen-day continuance are continued pending
further order of the Court. The Court may proceed with video/telephonic
conferences as appropriate and at the discretion of individual judges. Scheduling
orders in cases may need to be amended as appropriate on a case by case basis.
(3) With regard to criminal matters, due to the public health concerns referenced
above, the time period of the continuances implemented by this General Order
will be excluded under the Speedy Trial Act, as the Court specifically finds that
the ends ofjustice served by ordering the continuances outweigh the best interests
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of the public and any defendant's right to a speedy trial, pursuant to 18 U .S.C.
§ 3161(h)(7)(A);
(4) All initial appearances, detention hearings and arraignments will take place in the
same proceeding and will be conducted via Video Teleconferencing Capability
(VTC). The defendant will appear via VTC from the interview room located in
the United States Marshal Service Office. Pretrial Services will arrange to meet
with the defendant, in person, by video, or by phone, prior to the initial
appearance so that the Pretrial Services Officer will be able to make an oral
recommendation to the Court regarding bond. Defense counsel will also arrange
to meet with the defendant, in person, by video, or by phone, prior to the initial
appearance. The judicial officer, Assistant U.S. Attorney and defense counsel
will convene in the duty judge's courtroom for the proceedings. Courtsmart will
be utilized to record the proceeding. Additionally, the presence of a CSO will not
be necessary. At the discretion of the duty judge, these proceedings may take
place remotely thereby enabling all parties to appear by VTC. The criminal
docket will occur at a time designated by the duty judge that allows Pretrial
Services and defense counsel sufficient time to meet with the defendant.
(5) All Grand Jury proceedings are subject to this continuance except those that are
30-day cases or may be subject to the statute of limitations.
(6) Individual judges may conduct emergency matters in the Columbus, Cincinnati
and Dayton courthouses if necessary after considering the above public health
situation. Those required to attend these matters shall be limited to the litigants
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and their counsel. This Order does not affect the court's consideration of civil
and criminal motions that c,m be resolved without in-court appearance.
(7) Attorneys are encouraged to continue lo file documents with the Court
electronically through CM/ECF. Staff in each of the Clerk's offices will be
available by telephone, mail will be received, and new filings \'Viii be processed.
TI1e Court's intake window, however, will be closed. Those wishing to make in-
person filings, such as prose parties, will be directed to leave such materials at
drop boxes positioned at or near the entrances to the aforementionf:Xl courthouses.
(8) All probation and pretrial offices will be closed to the public but will continue to
conduct business. Drug testing will continue as directed by Probation and
Pretrial. A probation or pretrial services duty officer at ea.ch seat of court will
answer questions telephonically.
(9) If you have a scheduled appointment or are otherwise required to appear but are
denied entry, you should proceed as follows:
• lfyou are represented by an attorney, please contact your attorney;
• rfyou are an attorney or a prose litigant and you are scheduled to appear
in court before a judge, please contact that judge's chambers or courtroom
deputy (see court websites at W\Vw.ohsd.uscourts.gov);
• For all other matters or questions, please contact the Clerk's Office at
(614) 719-3000 (Columbus), (513) 564-7500 (Cincinnati), or (937) 512-
1400 (Dayton).
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The Court will amend or vacate this General Order no later than April 6, 2020.
IT IS SO ORDERED.
DATED: March 20, 2020
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