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r!CHARD W. Nft, GEL
UNITED STATES DISTRICT COURT CLF.'RK OF c-~~:Rr
SOUTHERN DISTRICT OF omo
2020 NOV 25 PH 2: 02
In Re: U.S. OJSTR!CT ccrnn
t;OUTHERN o;sr. OHtO
tAST. DIV. COLUMBUS
FURTHER ORDER REGARDING COURT
OPERATIONS UNDER THE ONGOING
EXIGENT CIRCUMSTANCES GENERAL ORDER NO. 20-36
CREATED BY COVID-19
The Court issues this General Order in the interests of public health, and in accordance
with current detenninations by the Ohio Department of Health and the Governor of the State of
Ohio, the Centers for Disease Control and Prevention (CDC) guidelines, the Administrative Office
of the United States Courts (AO) guidelines (the Federal Judiciary COVID-19 Recovery
Guidelines and the COVID-19 Judicial Task Force Jury Subgroup Report), and the
recommendations of its Ad Hoc Committee about appropriate measures to be taken to prevent the
further spread ofCOVID-19 in Ohio.
In General Order 20-17, the Court adopted a Reconstitution Plan for reopening the
courthouses in this District as of June 1, 2020. The Reconstitution Plan was attached to and
incorporated in General Order 20-17. Based on sustained high levels of COVID-19 infections in
the District and the November 18, 2020, report of its Ad Hoc Committee on Gating Criteria, the
Court finds it necessary to further adjust the Reconstitution Plan as set forth herein:
1. All civil and criminal jury trials scheduled between the date of this Order and December
31, 2020, are continued until a future date to be set by the assigned judge, except that, for
criminal defendants in custody, a jury trial prior to December 31, 2020, may proceed, but
only if the assigned judge deems that, in the interests of justice, it is absolutely necessary
that the trial go forward. Such proceedings shall take place only in a courtroom that has
been outfitted with plexiglass shielding. In connection with any criminal jury trial
continued pursuant to this General Order, the order re-setting the date for the continued
trial shall include the requisite findings under the Speedy Trial Act.
2. Naturalization ceremonies, whether scheduled to occur in the courthouse or at off-site
locations, are suspended until further order of this Court. The Court takes this step to
comply with the November 15, 2020, Order of Ohio Interim Director of Public Health,
Lance D. Himes, limiting gatherings of greater than ten people.
3. No Grand Jury proceedings shall be conducted for sixty days from the date of this General
Order, except that the Grand Jury may meet once a month during the pendency of this
General Order in any of the three locations of Court. Presentations to those sessions shall
be limited to cases facing an imminent statute of limitations expiration date, or to consider
anyone arrested or served with a summons prior to the date of this General Order. Due to
the unavailability of a Grand Jury in this District pursuant to this General Order to consider
matters other than those set forth above, the thirty day time period for filing an indictment
is hereby extended an additional thirty days as to each defendant during the time period set
forth herein in alignment with 18 U.S.C. §3161(b).
4. Other in-court proceedings scheduled between the date of this General Order and
December 31, 2020, shall occur in person only upon a determination by the assigned judge
that the interests of justice require that the proceedings be conducted in that manner. In
exercising their discretion in setting such proceedings, judges will weigh heavily the need
to reduce courthouse traffic in the interest of public health. To the extent that a judicial
officer concludes that a given in-person proceeding must go forward, the proceeding shall
take place in a courtroom that has been outfitted with plexiglass shielding.
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5. This General Order does not prevent any proceedings from occurring through use of video-
or audio-conferencing capabilities insofar as the same are authorized by law. The fact that,
absent a sealing order by the presiding judge, these will be public proceedings, does not
authorize their broadcasting by anyone. S. D. Ohio Civ. R. 83.2 applies to these
proceedings.
This General Order does not change any of the preventive measures specified in the
Reconstitution Plan including, without limitation:
a. Screening all visitors to the courthouses for indications of COVID-19 infection;
b. Requiring all Court personnel and visitors to wear face masks in specified locations in the
courthouses;
c. Requiring all persons in the courthouses to maintain a physical distance of at least six feet
from other persons ("social distancing"); and
d. Responding to any reported COVID-19 infection in one of the courthouses according to
the detailed protocol provided in the Reconstitution Plan.
IT IS SO ORDERED.
November 25, 2020.
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