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IN THE UNITED STATES DISTRICT COURT '-' •··. !'(n OF"· ;_,RT
FOR THE SOUTHERN DISTRICT OF OHIO
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In Re: ~:S· LISJR!CT CCUi,T
f.ifUTHERN D/S1. OHIO
FURTHER ORDER REGARDING
t:,~Sl. OJV. COLUMBUS
COURT OPERATIONS UNDER THE
ONGOING EXIGENT CIRCUMSTANCES
CREATED BY COVID-19 GENERAL ORDER NO. 21-10
In accordance with the April 16, 2021, recommendation of the Court's Ad Hoc Committee
on Gating Criteria, approved by the Court at a Judges' meeting on April 26, 2021, the
Reconstitution Plan and the Reswnption of Jury Trial Plan, both attached hereto and revised as of
April 26, 2021, are hereby ADOPTED in lieu of the Court's original Reconstitution Plan (adopted
by General Order 20-17 on May 29, 2020), and the Court's original Plan for the Resumption of
Jury Trials (adopted by General Order 20-27 on September 29, 2020).
IT IS SO ORDERED.
L.
TED STATES DISTRICT JUDGE
DATED: May 7, 2021
1
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
RECONSTITUTION PLAN
Revision Date 4.26.21
Purpose
The purpose of this revised Reconstitution Plan for the U.S. District Court for the Southern
District of Ohio is to provide an overview of the Court’s response and actions, its protocols and
its framework for the Court’s return to full operations on Monday, May 3, 2021. Court
operations since March 16, 2020, have been severely impacted due to Coronavirus Disease 2019
(COVID-19). The Court’s original Reconstitution Plan was adopted by General Order 20-17
entered on May 29, 2020, and was supplemented by the Court’s Plan for the Resumption of Jury
Trials which was adopted by General Order 20-27 entered on September 29, 2020.
Since the onset of and the duration of the continuing COVID-19 pandemic, guidance and
information from multiple sources, including the U.S. Department of Health, Centers for Disease
Control (CDC), the State of Ohio, the Administrative Office of the U.S. Courts (AO) and other
District Courts throughout the United States, have been reviewed on a daily, weekly and monthly
basis. This guidance and information counseled the Court to be flexible in implementing and
operating under this Plan.
Executive Summary
COVID-19 is a mild to severe respiratory illness that is caused by a coronavirus, is transmitted
chiefly by contact with infectious material (such as respiratory droplets) or with objects or
surfaces contaminated by the causative virus, and is characterized especially by fever, cough, and
shortness of breath and may progress to pneumonia and respiratory failure. The most recent
guidance from the CDC informs us that COVID-19 spreads very easily from person to person;
most commonly spreads during close contact; can sometimes be spread by airborne transmission;
spreads less commonly through contact with contaminated surfaces; and rarely spreads between
people and animals. As the duration of the pandemic continues, our knowledge of COVID-19
increases, which impacts the Court’s responses, actions, and protocols.
Governor Mike DeWine declared a state of emergency for the State of Ohio on March 9, 2020 to
protect the well-being of Ohioans from the dangerous effects of COVID-19. The State of Ohio
placed a prohibition on mass gatherings, which were defined as any event or formal or informal
meeting bringing together 100 or more persons in a single room or single space at the same time
such as an auditorium, stadium, arena, large conference room, meeting hall, theater, or any
confined indoor or outdoor space.
Chief Judge Algenon L. Marbley, in response to the outbreak of COVID-19 in the Southern
District of Ohio, its exponential spread, the risk of exposure for employees in each of the seats of
Court and in an effort to protect the safety and health of all individuals entering the Courthouses,
communicated on March 16, 2020 to the Court Family that telework should be allowed to the
maximum extent possible. That communication further advised that discretion rested with each
respective Judicial Officer and Court Unit Executive (i.e., Clerk of Court, Chief U.S. Probation
and Chief U.S. Pretrial Services) to designate an on-site skeletal staff.
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Pursuant to General Order 20-05, which was entered on March 20, 2020, the Courthouses in all
three seats of Court in the Southern District of Ohio were closed for fourteen days, effective on
March 23, 2020, in hope that the closure of the Courthouses would stem the tide of the
pandemic.
On March 27, 2020, the President signed H.R. 748, the “Coronavirus Aid, Relief, and Economic
Security (CARES) Act,” into law. Pursuant to the CARES Act, initial appearances, detention
hearings and arraignments, with consent of the defendant, have taken place using audio and
video conferencing technology. Each Judicial Officer has also been provided with a
GoToMeeting License to use at his or her discretion for such proceedings.
Also, in response to the on-going pandemic, Chief Judge Marbley formed an Executive
Pandemic Team (EPT), which is comprised of a Judicial Officer from each seat of Court
including three former Chief Judges, the Chief Magistrate Judge, the Clerk of Court and the
Chief Deputy Clerk, the Chief U.S. Probation Officer, the Chief U.S. Pretrial Services Officer,
the U.S. Marshal and the Chief Deputy, the U.S. Attorney and the Federal Public Defender for
the Southern District of Ohio, the GSA Ohio Service Center Director and the Judicial Assistant
to Chief Judge Marbley. The EPT initially met on April 3, 2020, and has continued to meet bi-
weekly to communicate developments, operational responses and protocols affecting the Court,
its court units and the agencies that the Court interfaces with on a regular basis.
Due to the continued, exponential spread of COVID-19, the Court, pursuant to General Order
20-08 entered on April 3, 2020, extended the closure of the Courthouses, with exceptions,
through June 1, 2020. The Order also continued, among other matters, jury trials, civil
proceedings and grand juries.
On April 24, 2020, the AO communicated a document entitled “Federal Judiciary COVID-19
Recovery Guidelines” to provide all courts with a starting reference when they were ready to
prepare for reconstituting. The guidelines reflected the fact that, for all courts, the safety of
Court employees and the public who utilize court services and facilities remained paramount.
The guidelines also drew from objective data and guidance provided by the CDC.
On April 30, 2020, Dr. Amy Acton, then Director of the Ohio Department of Health, issued an
Order which included the reopening of Ohio businesses, with exceptions. In May 2020, the U.S.
Department of Health and Human Services issued guidance through a document entitled “CDC
Activities and Initiatives Supporting COVID-19 Response and the President’s Plan for Opening
America Up Again.” This document provided guidance on a multi-phased approach for
reopening taking into account a downward trend of documented cases over a 14-day period
(Phase 1); a downward trajectory (or near-zero incidence) of documented cases for at least 14
days after entering Phase 1 (Phase 2); and a downward trajectory (or near-zero incidence) of
documented cases for at least 14 days after entering Phase 2 (Phase 3). Consistent with this
guidance, Chief Judge Marbley instituted a daily review of the statistical data of new COVID-19
cases within the Southern District of Ohio and the counties where the three seats of Court are
located. This daily review occurs with the Clerk of Court, the Chief Deputy Clerk and Judicial
Assistant to the Chief Judge. For the fourteen-day period preceding and including May 25, 2020,
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the daily new cases of COVID-19 in the Southern District of Ohio were consistently below 300,
serving as a metric and a basis for consideration to reopen the Courthouses to the public.
At that time, Chief Judge Marbley also recognized the need for the Court to have a
Reconstitution Plan to provide operational guidelines with respect to staffing considerations;
facial coverings (including masks); temperature taking and screening; employee protocols;
public protocols; GSA facility protocols, specifically, with respect to cleaning and sanitation,
signage and demarcations, and construction projects; a protocol for positive employees or
building exposures; naturalization ceremonies; and petit juries and grand juries. The Court’s
original Reconstitution Plan was adopted by General Order 20-17 entered on May 29, 2020.
Pursuant to General Order 20-17, the Court could be open for some on-site proceedings at the
discretion of each Judicial Officer, but only with the understanding that the Court would
continue to minimize the number of on-site proceedings to protect the health and safety of staff
and visitors.
On June 5, 2020, the AO communicated to the Courts a report of the Jury Subgroup of the
Judiciary’s COVID-19 Task Force, entitled “Conducting Jury Trials and Convening Grand Juries
During the Pandemic.” The report addresses issues for courts to consider as they decide when
and how to reconvene petit and grand juries and bring back jurors to the Courthouses safely.
Based on the continued increases in the number of new COVID-19 cases in the Southern District
of Ohio as a whole and in each of the counties where the Courthouses are located, General Order
20-23 was entered on July 23, 2020 and stipulated the following: 1) all civil trials scheduled
through August 31, 2020 were continued until a future date set by the assigned judge, 2) all
naturalizations scheduled, except for the week of July 27, 2020 were cancelled and 3) no grand
jury proceedings were to be conducted through August 31, 2020 except 30-day cases and
ongoing historical cases requiring the testimony of civilian witnesses. Such proceedings were to
take place in a courtroom with plexiglass shielding.
Also, in late July 2020, Chief Judge Marbley, recognizing the need to establish gating criteria
and monitor statistical data relative to the criteria to be used in recommending future operational
changes to the EPT and to the Court, appointed an Ad Hoc Committee. The Committee,
composed of Judges Edmund A. Sargus, Jr., Timothy S. Black, Sarah D. Morrison, Walter H.
Rice and Kimberly A. Jolson, and Clerk of Court Richard W. Nagel, also serving as chairperson,
continues to meet monthly to provide a recommendation as to when, in general, jury trials,
naturalizations, grand jury and in-Court proceedings should resume, notwithstanding exceptional
circumstances as determined by each respective Judicial Officer.
At its initial meetings, the Ad Hoc Committee, by consensus, selected the following gating
criteria for review: new COVID-19 cases within the Southern District of Ohio; new COVID-19
cases within Franklin, Hamilton and Montgomery counties, which are the counties of the three
seats of Court where the Courthouses are located; new hospitalizations and deaths within the
Southern District of Ohio; new deaths and hospitalizations within Franklin, Hamilton and
Montgomery counties; the status of federal inmates housed in county jails within the Southern
District of Ohio; and the status of Orders issued by the Governor of the State of Ohio. The
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Committee also agreed that the status of the re-opening of schools, including The Ohio State
University, be reviewed.
Based on the continued high levels of COVID-19 cases in the District as a whole and in the three
counties where the Courthouses are located, and the recommendation of the Ad Hoc Committee,
General Order 20-25 was entered on August 20, 2020 stipulating that: 1) all civil and criminal
trials scheduled through September 30, 2020 be continued until a future date set by the assigned
judge, except that, for criminal defendants in custody, a jury trial prior to September 30, 2020,
may proceed if the assigned judge determines that, in the interests of justice, it was absolutely
necessary that the trial go forward in a courtroom with plexiglass shielding; 2) naturalizations
could resume as of September 1, 2020; 3) no grand jury proceedings were to be conducted
through September 30, 2020, except thirty-day cases and ongoing historical cases requiring the
testimony of civilian witnesses; and 4) other in-Court proceedings, civil or criminal, could occur
in person only upon a determination by the assigned judge that the interests of justice required
that the proceeding be conducted in that matter in a courtroom with plexiglass shielding.
Chief Judge Marbley, consistent with the AO’s communication of its Report for the Resumption
of Jury Trials, also recognized the Court’s need for such a plan and initiated its preparation. The
Court’s Plan for the Resumption of Jury Trials was adopted by General Order 20-27 entered on
September 29, 2020. The Order allowed for the resumption of criminal jury trials and other in-
Court criminal proceedings on or after October 1, 2020, with any jury trials permitted to be
conducted pursuant to the Plan’s Protocols. The purpose of the Court’s Resumption of Jury
Trials Plan was to provide general guidelines when the Court resumed jury trials affected by the
COVID-19 pandemic; to provide protocols to minimize the risks and ensure the health and safety
of all participants and spectators, including jurors, attorneys, witnesses, parties, members of the
public, the press and Court staff; and to supplement the Court’s original Reconstitution Plan
which was adopted by the Court’s General Order 20-17. General Order 20-27 also continued the
status quo of General Order 20-25 through October 31, 2020 and allowed the grand jury to
convene in a limited class of cases: thirty-day cases, ongoing historical cases, and a limited
number of economic crime cases. The Order also allowed that, if a Judicial Officer determined
in the interests of justice it was necessary to proceed with a civil jury trial or other in-Court
proceeding, it would be held in a courtroom with plexiglass shielding. Based on the continuing
increased numbers of new COVID-19 cases within the Southern District of Ohio and the
counties of the three seats of Court, and the recommendation of the Ad Hoc Committee, General
Order 20-31 was entered on October 30, 2020, extending the provisions of General Order 20-27
through November 30, 2020.
General Order 20-36 entered on November 25, 2020, extended the provisions of General Order
20-31 through December 31, 2020. The Order also suspended naturalization ceremonies
consistent with the November 15, 2020, Order of Ohio Interim Director of Health, Lance D.
Himes, limiting gatherings of greater than 10. General Order 20-36 also stipulated that no grand
jury proceedings were to be conducted for sixty days, except that the grand jury could meet once
a month during the pendency of the Order in any of the three seats of Court. Presentations to
those sessions were 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 the Order. General
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Order 20-38 entered on December 21, 2020 extended General Order 20-36 through January 31,
2021.
General Order 21-02 entered on January 11, 2021, extended the suspension of the grand jury as
provided in General Order 20-36 with exceptions that the grand jury could meet once in January
2021 and February 2021 in any of the three seats of Court. The grand jury could meet in those
months with respect to cases facing an imminent statute of limitations and could not consider
other matters at those meetings. General Order 21-04 entered on January 29, 2021 extended the
status quo through February 28, 2021. General Order 21-06 entered on February 26, 2021,
extended General Order 21-04 until further notice.
In its March 2021 memorandum to Chief Judge Marbley, the Ad Hoc Committee recommended
extension of the status quo below with respect to the following in-Court proceedings, and
criminal and civil jury trials:
1. Civil Jury Trials: With respect to civil jury trials, any civil matter set for jury trial shall
move forward with such trial only if: (1) at least one of the parties in the matter
represents to the Court that the interests of justice require the trial to go forward as
scheduled and that any further continuance in the matter would represent a hardship to
the party; and (2) the Court likewise determines that, in the interests of justice, it is
absolutely necessary that the matter go forward as scheduled. Any civil jury trial set to
occur, as to which both of the above conditions are not met, will be continued to a future
date to be set by the assigned judge.
2. Criminal Jury Trials: With respect to criminal jury trials, that in any criminal matter in
which the defendant is in custody (or, in any multi-defendant matter, if any one or more
of the defendants who will be tried at the same jury trial are in custody), the jury trial
shall be scheduled and move forward in the ordinary course unless the defendant (or, in
cases involving multiple defendants who will be tried together, all defendants who are in
pretrial detention) requests a continuance. In any criminal matter in which no defendant
is in custody, any trial in the matter that is or would be scheduled shall be continued to a
later date unless the defendant requests that the trial go forward, in which case a jury trial
shall be scheduled in the ordinary course. As to any criminal jury trial that is continued
under this paragraph, the Judicial Officer shall include in the Order resetting the date for
the continued trial the requisite findings under the Speedy Trial Act.
3. Courtroom with plexiglass shielding: Any jury trial that occurs shall take place only in
a courtroom that has been outfitted with plexiglass shielding.
4. In-Court proceedings: In-Court proceedings other than those referenced above (e.g.,
bench trials, suppression hearings, oral arguments on motions, temporary restraining
orders, preliminary injunction proceedings, etc.) that are scheduled to occur after March
30, 2021, 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
5
Officer concludes that a given in-person proceeding must go forward, the proceeding
shall take place only in a courtroom that has been outfitted with plexiglass shielding.
5. Proceedings are not prevented from occurring through the use of video or audio-
conferencing capabilities insofar as the same are permitted by law. The fact that, absent a
sealing order by the presiding judge, these will be public proceedings, does not authorize
broadcasting by anyone. S. D. Ohio Civ. R. 83.2 applies to these proceedings.
The Ad Hoc Committee further recommended the Court’s return to full operations on May 3,
2021, dependent upon meeting the following criteria: 1) a fourteen-day decrease in new
COVID-19 cases in the Southern District of Ohio and 2) continued expansion of the vaccination
programs in Ohio and Kentucky. The EPT and the Court adopted the recommendations.
Pursuant to General Order 21-09 which was entered on March 31, 2021, the status quo and
provisions of General Order 21-07 are extended through April 30, 2021, with the exception that
naturalization ceremonies may be held at off-site locations beginning on April 1, 2021 and
continue until further notice.
The Ad Hoc Committee recently met in April. The Committee reviewed the numbers of new
COVID-19 cases relative to the gating criteria and discussed the expansion of the vaccine programs
in Ohio and Kentucky. By consensus, the Committee has recommended the following:
1. Effective Monday, May 3, 2021, the Courthouses be open for all proceedings including in-
Court proceedings, and civil and criminal jury trials to be held in courtrooms with plexiglass
shielding.
2. The Court is highly encouraged to continue to minimize traffic in the Courthouses consistent
with public health standards.
3. The Court is highly encouraged to continue the use of video conferencing in matters deemed
appropriate by the presiding Judicial Officer.
4. If these recommendations are approved by the Court that the General Order be amended
consistent with these recommendations.
The Court has approved the Ad Hoc Committee’s recommendations and will return to full
operations on Monday, May 3, 2021 with the default position to use video conferencing
whenever possible, and it being the Judicial Officer’s discretion to hold non-jury trial matters in
a non-plexiglass outfitted courtroom, observing social distancing, if a plexiglass courtroom is not
available. All jury trials will continue to be held in plexiglass outfitted courtrooms.
Vaccination Program
Employees are highly encouraged to receive the vaccine(s) and are authorized two hours of
administrative leave to obtain the vaccine(s).
With respect to the State of Ohio’s vaccination program, Chief Judge Marbley has continued to
maintain contact with Stephanie McCloud, Director of the Ohio Department of Health. The
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State of Ohio’s vaccination program, which impacts both staff and potential jurors, opened
eligibility on March 29, 2021 for Ohioans age 16 and older to receive the vaccine(s). The State
of Kentucky’s vaccination program, which impacts staff who work in Cincinnati, opened
eligibility on April 5, 2021 for Kentuckians age 16 and older to receive the vaccine(s). The
Court continues to monitor the efficacy of the vaccine(s), the variants and expansion of these
vaccination programs.
Consistent with guidance from the CDC, national, state and local officials, Court employees are
highly encouraged to receive the vaccine(s). In accordance with the AO’s guidance, employees
can be highly encouraged, but not be required to obtain the vaccine(s). On March 31, 2021,
Chief Judge Marbley, consistent with the AO’s guidance, communicated to Court employees of
their eligibility to receive administrative leave to obtain the vaccine(s).
On March 10, 2021, the AO also communicated a potential avenue for employees to obtain the
vaccine(s) who have been unable to receive a vaccine and wish to do so. The Judiciary is
working with the Department of Health and Human Services to partner with the Department of
Veterans Affairs (VA), and specifically with the VA’s Veterans Health Service. Each Court Unit
Executive was responsible for surveying their respective employees and communicating this
information to the AO. On April 1, 2021, the AO directly contacted the interested individuals to
provide them with further details regarding the registration process. On April 16, 2021, an e-
mail was sent directly to program participants by the Veterans Health Services.
Staffing
The Court will continue to maintain staffing consistent with operational needs and the on-site
presence of the Judicial Officers. Extenuating circumstances with respect to individual
employees will be reviewed on an on-going case-by-case basis for extended full-time and/or
part-time telework, and for employees requesting reasonable accommodations (i.e., children’s
schools or daycare closed, fear of increased risk of exposure when using mass transit, caring
for ill or vulnerable relatives in household, etc.); and employees who may be vulnerable
individuals (people 65 years or older and/or people of all ages with underlying medical
conditions particularly if not well-controlled, including those who suffer from chronic lung
disease, moderate to severe asthma, serious heart conditions, immune disorders, obesity,
diabetes, or chronic kidney or liver disease).
With respect to returning to full operations of the Court on May 3, 2021, each Judicial Officer
will continue to determine his or her on-site Chambers staffing and/or Chambers telework
staffing, to include Law Clerks, Courtroom Deputies, Judicial Assistants and Court Reporters.
On-site Court proceedings should continue to be minimized to the extent possible to protect the
health and safety of employees and visitors.
The Court Unit Executives (Clerk of Court, U.S. Probation Chief and U.S. Pretrial Services
Chief) will continue to determine operational on-site and telework staffing for their respective
Court units.
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Pursuant to an April 24, 2020 AO Memorandum from then Director Duff, the Court has
continued to follow this guidance in reference to extending full-time telework and making
reasonable accommodations (i.e., children’s schools or daycare closed, fear of increased risk of
exposure when using mass transit, caring for ill or vulnerable relatives in household, etc.); and
for employees considered as or caring for vulnerable individuals (people 65 years or older and/or
people of all ages with underlying medical conditions particularly if not well-controlled,
including those who suffer from chronic lung disease, moderate to severe asthma, serious heart
conditions, immune disorders, obesity, diabetes, or chronic kidney or liver disease).
Each Judicial Officer will continue to determine his or her on-site Chambers staffing and/or
Chambers telework staffing, to include Law Clerks, Courtroom Deputies, Judicial Assistants and
Court Reporters.
The Court Unit Executives (Clerk of Court, U.S. Probation Chief and U.S. Pretrial Services
Chief) will continue to determine operational on-site and telework staff for their respective court
units, Information Technology and Human Resources depending on the Court’s operational
needs.
The Clerk’s Office initially surveyed employees to determine if they self-identified as vulnerable
individuals; if they provided care for vulnerable individuals; if they had concerns with mass
transit (especially in Cincinnati where mass transit is frequently utilized); and if they needed to
extend telework and for what reasons. Based on the results of the survey, accommodations were
made on a case-by-case basis. Operational staffing levels were and have been maintained. In
November 2020, the Clerk’s Office Intake Areas in each seat of Court transitioned to rotational
staffing to address proactively any potential COVID-19 positive test results that would
drastically impact staffing.
With respect to the need for Courtroom Deputies for Magistrate Judges to be on-site, in January
2021, a committee composed of Chief Magistrate Judge Litkovitz, Judge Cole, Rich Nagel, and
Melanie Furry addressed the question of whether magistrate judge criminal hearings could be
recorded remotely without the need for the Courtroom Deputy to be physically present in the
courtroom. On January 25, 2021, Chief Judge Marbley communicated the Court’s adoption of
the Committee’s procedures to allow for these type of proceedings to be remotely recorded to
minimize the presence of in-Court staff.
The Probation Office will continue to bring back staff to work on-site slowly with most
employees continuing to telework. The Probation Office in each seat of Court has continued to
be staffed by a duty support staff member and a duty Probation Officer. Probation Officers have
begun to perform field work, seeing high risk clients first and then will gradually transition to
seeing everyone under supervision. The field contact protocols require Probation Officers to
maintain proper social distancing and not to enter homes. Probation Officers also have been
instructing individuals under supervision to not report to the office unless it is an emergency or
for drug testing. Drug testing has resulted in some individuals physically reporting to the
Probation Office, but the Office has arranged scheduling so there are no more than 10 such
individuals per day in each Probation Office.
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Pretrial Services continues to have a telework rotation in place and plans to continue this
rotation, to change if operational demands/needs increase as the Judicial Officers increase their
on-site presence in each seat of Court. An increase in field work is anticipated with limited
office visits from individuals.
Protocols for Temperature Taking and Health Screening
(Employees, Visitors, Non-Employees and Contractors)
The protocols for Court employees, visitors, non-employees and contractors will continue
based on guidance from the CDC, national, state and local officials including the Governor of
Ohio and GSA.
Employees
Prior to the start of each workday, employees (including Judicial Officers) will continue to be
required to self-screen their temperatures at home. Employees having temperatures greater than
100.4° shall not enter the Courthouses; shall remain at home under self-quarantine for fourteen
calendar days in telework status if they feel able to perform telework; and shall not return to
work prior to the expiration of the fourteen-day period, unless they can provide documentation
from their physician to return to work. Employees, by the act of swiping their Facility Access
Card to gain entry into the Courthouses, certify that they have self-screened at home prior to the
start of each workday and that they do not have a temperature over 100.4°. Infrared, digital
thermometers have also been purchased for each Chambers and for Clerk’s Offices, Probation
and Pretrial Offices in all of the Courthouses; thus, each Judicial Officer or Court Unit Executive
may use such thermometer to conduct a temperature test if he or she deems it appropriate. Hand
sanitizer and sanitary wipes have also been provided.
Although an elevated temperature may not indicate the presence of COVID-19, the taking of
temperatures and screening of employees and visitors are proactive measures to reduce the
spread of COVID-19 and demonstrate due diligence on the Court’s part to protect its employees
and visitors to the greatest extent possible. On August 21, 2020, Chief Judge Marbley
communicated the Court’s adoption of the State of Ohio’s Travel Advisory for the travel of
employees and for visitors entering the Courthouses. Consistent with the State of Ohio’s
COVID-19 Travel Advisory and the health screening questions asked by the CSO’s to visitors to
the Courthouses, staff who entered Ohio after travel to states reporting positive testing rates of
15% or higher were required to self-quarantine for 14 days. Telework was allowed to the extent
possible, with approval of their respective Judicial Officer or Court Unit Executive. The
advisory was discontinued by the State of Ohio on March 10, 2021 and has been replaced with
guidance to Ohioans to review carefully CDC guidance when considering travel in the United
States. With the discontinuation of the State of Ohio’s Travel Advisory, the health screening
questions asked by the CSO’s now include a question consistent with the CDC’s guidance
pertaining to a list of countries where travel is prohibited from entry to the United States.
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Visitors
To reduce the spread of COVID-19, effective June 1, 2020, all visitors (including, but not limited
to, jurors, contractors, naturalization petitioners, and attorneys) have been required to have their
temperature taken and are subject to health screening at the entrances to the Courthouses.
Pursuant to General Order 20-20 entered on July 15, 2020 and effective on July 20, 2020, the
Court acquired infrared screening devices and instructed the Court Security Officers (CSO’s) to:
1) ask appropriate health screening questions of each visitor at each Courthouse (Appendix I); 2)
record the number of visitors screened; 3) record the number of daily visitors denied entry; and
4) report both numbers to the Clerk of Court. The EPT receives the updated screening statistics
from the Chief Deputy Clerk at each meeting.
As stated previously, on August 21, 2020, Chief Judge Marbley communicated the Court’s
adoption of the State of Ohio’s Travel Advisory for travel of employees and for visitors entering
the Courthouses. The health screening questions asked by the CSO’s to visitors entering the
Courthouses included a question consistent with the State of Ohio’s COVID-19 Travel
Advisory to visitors. Visitors who entered Ohio after travel to states reporting positive testing
rates of 15% or higher were denied entrance to the Courthouses and were provided alternate
methods of contacting the Court Unit Offices with whom they sought to do business. The
advisory was discontinued by the State of Ohio on March 10, 2021 and has been replaced with
guidance to Ohioans to carefully review CDC guidance when considering travel in the United
States. With the discontinuation of the State of Ohio’s Travel Advisory, the health screening
questions asked by the CSO’s now include a question consistent with the CDC’s guidance
pertaining to a list of countries where travel is prohibited from entry to the United States.
Non-Court Employees
With respect to non-Court employees, such as the custodial and maintenance staff, who perform
regular, daily work in the Courthouses, they will continue to be required to certify that they do
not have a temperature greater than 100.4° by swiping their badges upon entering the
Courthouses every day. They also will continue to be provided a copy of the health screening
questions by GSA.
Contractors
Any contractor not in possession of an access badge who enters the Courthouse during normal
business hours must continue to follow the Court’s visitor health screening protocols. Any
contractor not in possession of an access badge who enters the Courthouse outside of normal
business hours, including weekends, certifies upon entry to the Courthouse that he or she does
not have a temperature greater than 100.4°. They will also continue to be provided the health
screening questions in advance by GSA.
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Facial Covering Protocols
To reduce the spread of COVID-19, all employees (including Judicial Officers) and visitors
(including, but not limited to, jurors, contractors, naturalization petitioners, and attorneys)
will continue to be required to wear facial coverings (which include masks) in the public
common areas of the Courthouses. Each Judicial Officer or Court Unit Executive has
discretion with respect to their employees’ wearing of facial coverings (which include masks)
in their respective court space (including chambers and offices).
The procurement and distribution of masks to employees, visitors and contractors have been
justified to mitigate exposure to COVID-19 within the Courthouses. Disposable masks will
continue to be provided to visitors as needed. Reusable, machine washable masks (both
procured by the Court and provided by the AO) are available upon request for employees.
Pursuant to Director McCloud’s Order entered on April 5, 2021, a goal has been implemented in
order to lift the mask mandate which is 50 cases per 100,000 residents over a two-week period.
Employee Protocols
To reduce the potential spread of COVID-19, employees must continue to follow the protocols
set forth below:
• Employees are to use the designated employee entrances: in Columbus, the Scioto River
Rear Courthouse Entrance; in Cincinnati, the Main Street Side Entrance; and in Dayton,
the Perry Street Side Front Employee Entrance.
• Face coverings;
• Gloves are available for use as needed;
• Temperature screenings;
• Employees having temperatures greater than 100.4° shall not enter the Courthouses; shall
remain at home under self-quarantine for fourteen calendar days in telework status if they
feel able to perform telework. Employees who test positive for COVID-19 will be
requested to obtain a negative test result or will be requested to provide appropriate
medical documentation from a health care provider that he or she is no longer contagious
prior to physically returning to work in the Courthouses.
• Employees who are sick need to stay at home;
• Employees must use basic hygiene (washing hands frequently with soap/hand sanitizer;
avoiding touching noses, mouths, and eyes; and covering coughs/sneezes with a tissue or
upper sleeve);
11
• Social distancing is required in that employees must maintain a separation of at least six
feet from each other. If circumstances warrant employees to be within six feet from
others, facial coverings are mandatory;
• Employees must minimize situations where groups of people are crowded together (using
e-mail, phones and text messages to communicate and maintaining six feet of separation
when meetings are necessary);
• Each Chambers and court unit are responsible for ensuring required social distancing
between employees;
• Employee gatherings in common spaces such as breakrooms, snack bars, and conference
rooms, must adhere to social distancing;
• Employees must avoid shaking hands and always wash their hands or use hand sanitizer
after contact with others;
• Employees must use trash receptacles;
• Employees will be provided disinfecting wipes within their respective work areas and
must keep surfaces, telephones, and computer equipment clean by properly utilizing safe
and harmless disinfectants registered by the U.S. Environmental Protection Agency
(EPA); and
• Employees must contact GSA if there is a known case of COVID-19 in the Courthouses.
GSA, depending on the time elapsed, may perform a deep cleaning of the area or facility
to include contracting with a remediation contractor.
Courtroom social distancing protocols were communicated to the Judicial Officers on May 29,
2020. These protocols included a drawing of each courtroom showing the number of people who
can be seated within each courtroom for proceedings. Drawings have also been included for
courtrooms that can be used for multiple purposes such as a voir dire and a criminal trial.
Currently, the following courtrooms will have plexiglass shielding: in Columbus, Chief Judge
Marbley’s, Judge Smith’s, and Magistrate Judge Vascura’s courtrooms 1; in Cincinnati, Judge
Black’s, Judge Dlott’s, Judge Barrett’s, and Chief Magistrate Judge Litkovitz’s courtrooms; and
in Dayton, Judge Rice’s, Judge Rose’s, and Magistrate Judge Ovington’s courtrooms.
Visitor Protocols
To reduce the possible spread of COVID-19, visitors must continue to follow the protocols set
forth below:
• Face coverings;
• Temperature and health screenings;
1
Plexiglass shielding will be installed in Judge Watson’s courtroom in mid-May.
12
• All visitors to the Courthouses will be subject to temperature screenings at the
Courthouse entrances and will be denied admittance if they have a temperature in excess
of 100.4º. Those visitors who are denied admittance will be requested to contact by
telephone the office, agency, or chambers to which they sought admittance in order to
complete the business they came to transact, or to explore alternatives to entering the
Courthouse;
• Visitors who are sick should not attempt to enter the Courthouses;
• Visitors must use basic hygiene (washing hands frequently with soap/hand sanitizer;
avoiding touching noses, mouths, and eyes; and covering coughs/sneezes with a tissue or
upper sleeve);
• Visitors must maintain a separation of at least six feet from others (avoiding shaking
hands and always washing hands or using hand sanitizer after contact with others);
• Visitors must use trash receptacles; and
• Visitors must minimize situations where groups of people are crowded together (using e-
mail, phones and text messages to communicate and maintaining six feet of separation
when meetings are necessary).
Positive Employee or Building Exposure Protocols
If an employee tests positive for COVID-19, immediate notification shall be made to Chief
Judge Marbley and the Clerk of Court. The AO’s Contact Tracing Template (Appendix II) is
available for use to prevent further spread of COVID-19 by warning contacts of potential
exposure to stop chains of transmission. The template provides a framework for
employee/supervisor dialogue, how to identify known and unknown risk contacts and for
decision making. Employees who test positive for COVID-19 will be requested to obtain a
negative test result or will be requested to provide appropriate medical documentation from a
health care provider that he or she is no longer contagious prior to physically returning to
work in the Courthouses.
The following procedures will continue to be used in a GSA-controlled building in the event of a
COVID-19-related incident:
• A COVID-19 incident is defined as an instance when someone enters or occupies a
building who is confirmed (positive test) or suspected to have COVID-19;
• The impacted agency will notify the GSA facility manager;
• The GSA facility manager and the Designated Official (DO) will then notify other
building occupants, including contractors working in the building;
13
• GSA and the impacted agency shall immediately work to identify all areas in the facility
the individual(s) were in, to the greatest extent possible, including marking printed floor
plans as necessary to clearly identify the affected locations requiring cleaning and
disinfecting. Once an employee who is a member of the Court Family (District Court
including Clerk’s Offices, Probation Offices and Pretrial Services Offices) has tested
positive or is suspected to have COVID-19, the employee’s supervisor is to utilize the
Contact Tracing Template from the AO (Appendix II) to quickly identify the locations
the employee has visited and contacts he/she had starting two days before the employee
began developing symptoms;
• GSA, the DO and the impacted agency will empty the aforementioned area(s) of
occupants for up to 24 hours, where feasible;
• GSA will consult with the Region 5 Industrial Hygienist to ensure that GSA is
contracting for cleaning services compliant with current CDC and EPA guidelines;
• GSA will contact qualified contractors for response using the “GSA Cleaning &
Disinfection Procedures” guidelines for infection control;
• The portion of the facility accessed by the infected individual(s) will be cleaned and
disinfected; and
• Once the affected area(s) have been cleaned and disinfectant dried, they can be opened
back up for regular occupancy and use.
GSA – Facility Protocols
GSA’s cleaning contractors will continue to exercise vigilance and diligence in cleaning
processes, especially with increased numbers of visitors and employees to the Courthouses
beginning on May 3, 2021.
GSA will continue to provide cleaning services in the Courthouses in compliance with the
guidance issued by the CDC to protect employees, contractors and visitors. These standards
include the routine cleaning and disinfection of high-touch surfaces in common and high traffic
areas. The following scopes of work describe the goals that GSA expects to achieve from the
enhanced custodial services to further mitigate the spread of the COVID-19 virus.
As the duration of the pandemic has continued, the custodial staff in each Courthouse has been
executing detailed cleaning and disinfecting of all common areas and available offices, chambers
and courtrooms due to the lower volume of building occupancy and lightened custodial demands.
When the Court returns to full operations on May 3, 2021, this level of service will continue and
increase as part of daily, routine cleaning as defined in Scope 1. Individual chambers or offices
may work with their respective facility manager to perform an additional routine cleaning and
disinfecting prior to re-occupancy.
Furthermore, a process has been established for the Court to request higher levels of cleaning
where needed as defined in Scope 2, which may require a Reimbursable Work Authorization
14
(RWA) funded by the Court. GSA requests 24-hour notice in advance of any such need. This
scope provides for additional disinfection such as if a Judicial Officer has an in-court proceeding
and wishes to have an additional cleaning implemented for his or her courtroom.
Finally, GSA will continue conducting focused cleaning and disinfection whenever there is a
suspected COVID-19 incident as defined in Scope 3.
Scope 1 ‘Regular Custodial Services’: This scope covers routine cleaning and disinfection.
1. The Contractor must perform all custodial services specified in the applicable custodial
contracts, including the regular cleaning and disinfection of surfaces using cleaning
products that do not damage the surface.
2. The Contractor must routinely wipe down all frequently touched surfaces using a
disinfectant from the U.S. Environmental Protection Agency-registered list of products
identified as effective against Novel Coronavirus SARS-CoV-2 (see updated list) or
another product containing the same active ingredient(s) at the same or greater
concentration than those on the list. The Contractor must use the product in accordance
with directions provided by the manufacturer. The Contractor must wear disposable
gloves (e.g., latex or nitrile), facemasks and any additional personal protective
equipment as recommended by the cleaning and disinfectant product manufacturers.
Disinfection application and products should be chosen so as not to damage interior
finishes or furnishings, including GSA’s fine arts collections and murals, and historic
materials and finishes. “Routinely,” for purposes of this scope, is defined as being in
accordance with applicable guidance from the Centers for Disease Control and
Prevention, but no less frequently than once daily during regular cleaning hours or
once per shift where custodial services are provided for during more than one shift.
Examples of frequently touched surfaces include, but are not limited to, handrails, door
knobs, key pads, light switches, countertops, water faucets and handles, elevator
buttons, sinks, toilets and control handles, table tops, restroom stall handles, toilet
paper and other paper dispensers, door handles and push plates, and water cooler and
drinking fountain controls. Disinfected surfaces should be allowed to air dry. Providing
disposable disinfectant wipes and the wiping down of occupant agency-owned
equipment, such as telephones, computers, keyboards, docking stations, computer
power supplies, computer mouse devices, personal fans and heaters, and desk lighting,
remains the responsibility of each building occupant.
Scope 2 ‘Additional Regular Cleaning and Disinfection’: This scope is intended to be used in
response to the aforementioned agency requests for additional cleaning and disinfection.
1. The Contractor shall wear disposable gloves (e.g., latex, nitrile, etc.), facemasks, and any
additional personal protective equipment (PPE) as recommended by the cleaning and
disinfectant product manufacturers.
15
2. The Contractor shall clean all visibly dirty surfaces using general detergents or cleaning
products compatible with the surface materials being cleaned and in accordance with
directions provided by the product manufacturer.
3. The Contractor shall wipe down all solid, high contact surfaces using a disinfectant from
the EPA-registered list of products identified as effective against Novel Coronavirus
SARS-CoV-2 (see list), or other product containing the same active ingredient(s) at the
same or greater concentration than those on the list.
The Contractor shall use all products in accordance with directions provided by the
manufacturer. Examples of solid, high contact surfaces include but are not limited to:
handrails, door knobs, key cards, light switches, countertops, water faucets and handles,
work surfaces, computer keypads and mouse, elevator buttons, sinks, toilets and control
handles, restroom stall handles, toilet paper and other paper dispensers, door handles and
push plates, water cooler and drinking fountain controls. Disinfected surfaces should be
allowed to air dry.
Scope 3 ‘Detail Cleaning and Disinfection’ (COVID-19 incident): This procedure is to be
followed whenever a Novel Coronavirus (“COVID-19”) incident (defined below) occurs in a
facility under the jurisdiction, custody or control of the U.S. General Services Administration (a
GSA-controlled facility). A COVID-19 incident is one in which an individual with a confirmed
or suspected case of COVID-19 has accessed a GSA-controlled facility. A confirmed COVID-19
case means a person has received a positive result from a COVID-19 viral laboratory test,
regardless of whether they have symptoms. A suspected COVID-19 case is one in which a
person has one or more symptoms of COVID-19, but has not been tested via a viral test or is
awaiting test results. According to the Centers for Disease Control and Prevention guidelines,
COVID-19 symptoms may include one or more of the following: cough, shortness of breath or
difficulty breathing, fatigue, fever or chills, muscle or body aches, nausea or vomiting, headache,
congestion or runny nose, sore throat, diarrhea, or new loss of taste or smell. If a person with a
confirmed or suspected COVID-19 case has not been in a GSA-controlled facility for more than
three days, this detailed cleaning and disinfection procedure is not necessary. The normal daily
cleaning and disinfecting of the space by the custodial contractor is sufficient.
1. Steps: The facility manager, owner, designated official, or delegated representative
must perform the following steps before initiating a request for COVID-19 cleaning
and disinfection procedures:
a. Identify in the GSA-controlled facility the area in the immediate workspace
accessed by the impacted individual(s). Empty the aforementioned area(s) of all
occupants and close the area(s) for up to 24 hours, where feasible. The 24-hour
time period begins at the time of notification minus any time the person has
been gone from the building. If the person has been gone from the building for
24 hours or longer, closure is not required. The area(s) closed can still be used
for emergency egress, as needed, during that time.
b. Open available doors and windows or increase the amount of outside air to the
areas that have been isolated. The increased ventilation allows all residual
16
airborne droplets to settle on surfaces prior to cleaning and disinfecting.
c. If more than three days since the person who is sick visited or used the
facility, additional cleaning and disinfection is not necessary. Continue routine
cleaning and disinfection. This includes everyday practices that businesses and
communities normally use to maintain a healthy environment.
2. Qualifications: The Contractor performing the work must have the required supplies,
and the Contractor staff must be trained in current blood-borne pathogens
requirements, as defined by the Occupational Safety and Health Administration (29
C.F.R. 1910.1030). The minimum supplies required are detergents and soaps
compatible with the surfaces being cleaned, and disinfectant products either registered
by the U.S. Environmental Protection Agency (“EPA”) as effective against emerging
infectious agents (list) or equivalent products containing the same active ingredient(s)
in similar or greater concentration levels as those listed and registered by EPA.
3. Procedures:
a. The Contractor must submit any proposed cleaning and disinfectant products,
along with the associated Safety Data Sheets, to the Contracting Officer’s
Representative (“COR”) or the COR’s designee for review and approval prior
to use.
b. Once approved, the Contractor must use all cleaning and disinfectant products
in accordance with the manufacturer’s directions.
c. Prior to entering the area to be cleaned and disinfected, the Contractor must don
the appropriate personal protective equipment (PPE) required for the specific
cleaners and disinfectants to be used. At a minimum, the Contractor must wear
nitrile, latex or similar non-cloth disposable gloves and facemasks.
d. The Contractor must clean all frequently touched surfaces in the immediate
area(s) accessed by the individual. The Contractor must also clean any porous
surfaces in the area(s) that contain visible contamination to the extent feasible
using products compatible with those surfaces.
e. The Contractor must wipe down all frequently touched surfaces in the
immediate area(s) accessed by the individual using the approved disinfectant.
The disinfectant must be applied in such a manner as to ensure solid surfaces
are visibly moist. The Contractor must also take extreme care to avoid damage
to telecommunications and electronic equipment, GSA’s fine arts collection,
historic materials and finishes, cloth surfaces, carpeting, and wood furnishings
during the application of any disinfectant.
Frequently touched surfaces include, but are not limited, to handrails, door
knobs, key pads, keyboards, computer mouse devices, touch screens, light
switches, countertops, table tops, water faucets and handles, work surfaces,
elevator buttons, sinks, toilets and control handles, restroom stall handles, toilet
17
paper and other paper dispensers, door handles and push plates, and water
cooler and drinking fountain controls.
f. The Contractor must allow the disinfectant to remain on surfaces until air dry.
g. The Contractor must place used supplies, including gloves, rags and containers
and any PPE, in sealed plastic trash bags. Bags must be tied shut and disposed
of as ordinary waste.
h. Once the affected area(s) have been cleaned, disinfected and dried, they can be
opened back up to regular occupancy and use.
GSA will continue to make hand sanitizer stations available in common spaces throughout the
Courthouses. GSA has worked with vendors to increase the prevalence of these stations which
now includes additional areas such as elevator lobbies and highly trafficked corridors as supply
has allowed.
GSA and the Court will continue to implement signage and demarcations to ensure social
distancing and communicate expectations for visitors and employees in common areas, court
space, and exterior space.
GSA has prepared exterior entrance doors and common areas within the Courthouses with
signage and demarcations to ensure proper social distancing and communicate expectations for
visitors and employees. This has been supplemented by floor markings in high traffic areas and
tight confines such as stairwells, restrooms, elevators and queuing zones. Below are some
examples of what can be seen in each of the Courthouses:
18
IVOTICE NOTICE 6APART
1-7,.u,_.;,.,. ~
FEET.
LIMIT THE NUMBER OF
PERSONS ON THE ELEVATOR
TO HELP STOP THE
SPREAD OF INFECTION
~
~
- W A~~~ ~E
FO R
SER V ICE
11v,,,,~
-
Did you
wash them?
-~'1-
H•nd washin9 prevents disease.
NOTICE NC>TICE MASKS
AVISO PRACTICE SOCIAL DISTANCING
REQUIRED
PASAJEROS MAX I MOS EN ASCENSOR
AVISC> MASCARAS
-
MAIN TAI N SOCIAL DISTAN C ING T HRO U G H OUT
T H E B UILDING CG FT MIN )
MAN TENGA S O C I A L OISTAN C fA EN T O O O EL
EDIFICIO ( 6 P I ES MIN I M O) PRACTICA DI S TANCIAMIENTO SOCIAL REQUERIDAS
!I!! '"~--·"··---.....,_,
A CVERTENCIA: Al entrar el edi f icio~ usted
esta autocertl tlcancto qua su respuesta a
coda L1n.::11 de e st~s preg u n t os es ~' N O-'".
Si responde "Si·· a cua l quier-a d e las preguntas de
d e t e c ci 6n , no debe ent r a r- a l e d if icio.
f'"¢0,r<)O,C,~-¢<>k>' • ">~
T os
'"•'-"" u .... . ,. "Ulll<-., l • u " ""' "'
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. o.. ,,.. ..,.._.~ ,, ... . -.., _.. , .......,... ,
•l,Jn,,.__,,.,,......,-,,....
--------
WARN I NG : U pon entering t h e bui l ding
y ou a r e sel t'-ce rtlfy l ng t: ha t y o u r answer
to .eac h of t h 9 s@ quest ions is •N o•_
I f y o u dn s w~ r ' Y ES" t o .an y o f t hee :;.Greening
questions. y o u .should not e nt e r the bui lding _
• Cou .:, t-·a
• - 1- 0 ,t .-o•• o f b•-•h .,, a•f,.,. _,,,.,. 1o , .,..,h1n 97 • - .. n ._,... ,-.,.,. <>• , ....,,.., n o,?
• .., . u ~•• o r v o0 rn 11 n11 ?
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E n lu» <l l ~ir11u:, " -<I dlf<1.,, .:, -, .. ;o:,;~,o,.h,1 "" " ;..:un uu::t<.> f""'l<.:'U c .. rc .. n <.> (6 µ; ..,. u rn ,h;
: e.-c• dc , ,.,n~• c•n tot•I ..:,-._, ....,._, "'do da- 15 ...-, ·nut:>!<) con·
Ar-,a :,,ou "'ol1>t:ino1 or quo,t>nt: n ng b•.:::cu- you n~<>Y h,;,-.-a i::,..,,.,-. - , p o .,,.c t::;> o
p Qr i,c:,n with l.-UV I U•I~ :::, , . - ~ v,(>t'rhll N ll;h~ ;,Qu may t,,,jf sic k ,..,,u,r, LU .... lU•I., ,
To the extent possible and with the respective Judicial Officer’s approval in his or her Court
space, construction projects should continue.
The AO has provided guidance that the Court will likely be financially liable for any additional
costs associated with delaying work of construction projects. The Court has had continued
conversations with GSA with respect to pending and on-going projects. GSA and the Court will
collaboratively work together on any mitigation options with respect to contractors and to
minimize their exposure to and interactions with Judicial Officers and employees in the
Courthouses.
19
Gym Operations in GSA Controlled Space
The gyms in Cincinnati and Columbus are located in joint-use space under the purview of
GSA. The decision to reopen the gyms rests with GSA.
As of March 2021, the GSA National Office Fitness Center Reopening guidance has maintained
that fitness centers in joint use space in federal buildings are not permitted to reopen unless they
are managed by full-time onsite staff to oversee the implementation of federal, state, and local
guidelines and mandates. Staff must be present during all hours of operation. As of April 2021,
it is not known when these requirements will be lifted due to the national increase in new
COVID-19 cases and the new variants. GSA also is concerned that fitness centers are high touch
point areas with significant respiratory droplet shedding that occurs during exercise.
If the Federal Executive Board in Cincinnati or Building Security Committee in Cincinnati or
Columbus decide to hire staff to manage the fitness center during the hours of operation, the
committee/board must also provide the GSA property manager:
• A plan of action to follow federal, state, and local guidelines and mandates and work in
partnership with operators to ensure implementation in the fitness center and locker
rooms.
• Any concerns or change in operations or procedures impacting tenants.
• Any confirmed or suspected case of COVID-19 involving their staff or Fitness Center
users in GSA-controlled space.
Due to the low occupancy of the buildings and budget constraints, the Court will not be able to
hire staff to manage the fitness centers.
Naturalization Ceremonies
Naturalization proceedings in each seat of Court will resume on April 1, 2021, utilizing large,
cost-efficient and off-site facilities to alleviate petitioner backlogs and to comply with social
distancing.
Consistent with General Order 21-07, naturalization ceremonies which had been suspended
through March 31, 2021, may be held at off-site locations beginning on April 1, 2021.
Naturalization proceedings in each seat of Court will resume utilizing large, cost-efficient and
off-site facilities to alleviate petitioner backlogs and comply with social distancing.
As of March 4, as verified with the U.S. Citizenship and Immigration Services, there was a
backlog of 2,392 petitioners in the Southern District of Ohio (approximately 1,100 of whom are
in Columbus, 1,000 of whom are in Cincinnati and 292 of whom are in Dayton). Holding
naturalization ceremonies in large, off-site facilities will also comply with overall guidance from
health and government officials by maintaining social distancing and reducing visitors to the
20
Courthouses. A total of twenty-two naturalization ceremonies are scheduled within the Southern
District of Ohio starting on April 1 to clear the backlog of petitioners.
Grand Jury Proceedings
Grand juries will continue to be convened and will meet in courtrooms, instead of grand jury
rooms, to comply with social distancing.
With respect to grand jury proceedings in the Courthouses, the United States Attorneys’ Office
will coordinate with the district judges to use courtrooms so social distancing can be achieved
and they will require masks for jurors as well as prosecutors and witnesses. The Court will
provide masks and gloves. Large courtrooms in the Courthouses will be designated as official
meeting rooms of the grand juries to comply with social distancing. In addition, the United
States Attorneys’ Office will bring in a quorum + (17 to 23) for grand jury proceedings. The
Judicial Officer will come to the courtroom for returns instead of moving the grand jury.
An operations subgroup led by the Court Architect conducted a district-wide assessment of court
spaces to include jury assembly rooms and district and magistrate judge courtrooms. Its scope of
work included determinations of the seating capacities, with plexiglass protection and social
distancing of jury assembly rooms and district judge courtrooms in the Courthouses for petit jury
venires, trials and deliberations, and grand juries.
21
Appendix I
COVID-19 Screening Questions
1) Have you experienced any cold or flu-like symptoms in the last 14 days (to include fever, cough,
sore throat, respiratory illness, difficulty breathing or fever at or greater than 100 degrees
Fahrenheit)?
2) Has anyone in your household had any of the following symptoms in the last 14 days: sore throat,
cough, chills, body aches for unknown reasons, shortness of breath for unknown reasons, loss of
smell, loss of taste, fever at or greater than 100 degrees Fahrenheit?
3) Have you or anyone in your household traveled to any of the countries listed on the CDC website
for Travelers Prohibited from Entry to the United States in the past 14 days?
4) Have you or anyone in your household traveled on a cruise ship in the last 14 days?
5) Have you or anyone in your household cared for an individual who is in quarantine or is a
presumptive positive or has tested positive for COVID-19 in the past 14 days?
6) Do you have any reason to believe you or anyone in your household has been exposed to or
acquired COVID-19 in the past 14 days?
7) To the best of your knowledge have you been in close proximity to any individual who tested
positive for COVID-19 in the past 14 days?
Revised 3/18/2021
22
Appendix II
AO Contact Tracing Template
Contact Tracing Template
COVID-19
Once an employee has presented symptoms of Coronavirus Disease 2019 (COVID-19), it is
critical for the employee’s supervisor to quickly trace potentially affected locations and contacts
to mitigate spread. This form enables supervisors to conduct contact tracing as outlined by the
Centers for Disease Control (CDC). It is designed to capture the ill employee’s contacts (close
contacts and unknown risk) and visited locations starting two days prior to the onset of
symptoms.
Once completes, these forms should be shared with <insert POC name and contact information>
for appropriate communication efforts and <insert POC name and contact information> for
facility cleaning.
Talking with An Employee
When speaking to an ill employee for contact tracing, the employee’s supervisor should explain
that they are calling to identify:
• people on the court unit campus that the ill employee was in contact with starting two
days prior to symptoms (or two days prior to test specimen collection if they are
asymptomatic);
• types of interactions they had (to help identify risk levels); and
• rooms and spaces on campus they visited to help identify any special cleaning needs.
The questions should solely focus on contacts and locations related to the court unit campus, not
outside of workplace. If an employee prefers, s/he may complete this form on their own and e-
mail within 24-48 hours.
Determining At-Risk Contacts
Use the COVID-19 Decision Tool on the following pages to determine which type of contacts
the employee had:
• Identified Risk (Close Contacts) or
• Unknown Risk
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of
the information.
Date and Time of Form Completion: Name of Person Completing this
Form:_____________
Employee has been informed that his/her responses to the following questions are focused
solely on the specific court unit campus and interactions with judiciary staff, partners
and clients: Yes No
Name (if Contractor, initials are OK):
Supervisor’s Name:
Organization (Court Unit or Contractor Company):
County/State of Residence:
Reason for Contact Tracing:
(Positive Test, Presumed Positive Diagnosis, Symptomatic)
Have you been in recent contact with someone suspected or known to
have COVID-19?
If yes, date of contact?
Last Day on Court Unit Campus:
Date of Symptom On-set:
Test or Diagnosis Date:
Test Result and Date:
Narrative (please describe the case in plain language):
Does the ill person have any lessons learned, or things they would do differently in the
future?
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of
the information.
Decision Tool
In the absence of specific guidance from local public health professionals this CDC based tool may be
used. Recommendations may be modified by local authorities.
Ilave )'OU been in direct· contact with a P,.."l'SOll with lab confinnod or suspected case of OVID-19? - No11-- - - - - - - - - ~
Are you living in the same household o,s, b<,iJ1g on intima te partner or, or pro,~ding care in a non-
healthcare selling for a person "ith laboratory-confirmed or suspected COVID-19 infection?
l
Wern you \\i lhin (i feet of die sick contact (i,e, next lo someone al a dinner, meeting,
imcrvicw, plane scat, town hall, etc.) for 15 minutes or more in a 24-hourpcriod·· or were
)'OH e~posed to respimlOl)' secrelions by being dil'-'Ctly coughed or stli.'C7,ed on?
Were you in d1c same indoorcnviroiuncnl (oflicc space , cafeteria, committee/hearing room etc.)
for 15 minules or more in a 24-hour period (Asee nott:), but mom than (i foet away and not
sneezed/coughed on?
AU other brief conlacls not categorized above (such as shaking
hands, taking a photo/sclftc, passing in a hall wa ', ct .)
Are you fully vaccinate.cl****? @- - - ---f
Unkno"n R1'k
Asymptomatic People Sta)' home :md o,•oid publi ae1i"it ies: Avoid ro111ac1 "ith people Self-monitor for S)'IDplOmS, Personal hygiene and sociol distnncirig in ae ord with
at higher risk for se\'ere illness: Expe<;I q1111ron1ine for al least 14 recom mendations for all nu:mbers of the communi ty.
d;l\'s uOc:r lqfil k®"ll exoosure 10 .ln infocred indi,·idu;t)· Con~ul 1
public health for guidance
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* person to person; NOT higher order contacts such as a ‘person who met a person who met a person…’
** 15 minutes of cumulative exposure in a 24-hour period; may be continuous or discontinuous
(e.g. 3 exposures of 5 minutes each); with or without wearing a mask; see CDC definition
*** Symptomatic = fever>100.4 F, chills, fatigue, muscle or body aches, congestion or runny nose,
sore throat, cough, shortness of breath, nausea or vomiting, diarrhea, headache, or new loss of
taste or smell
**** fully vaccinated as defined by the CDC; includes ≥2 weeks following completion of vaccine series,
within 3 months of vaccine series completion, and asymptomatic since current COVID-19 exposure
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of the
information.
Close Contacts (Identified Risks)
Please use the COVID-19 Decision Tool and table below to list all workplace close contacts starting
two days prior to the onset of symptoms. Direct any close contacts to take the appropriate actions
listed in the Decision Tool.
Questions for the employee to consider:
1. With whom did you work closely starting two days before you began demonstrating
symptoms of COVID (anyone who was within 6 feet for a cumulative total of 15 minutes or
more over a 24-hour period*)?
2. Were you closer than 6 ft to anyone for short, but multiple periods of time in one day, totaling
more than 15 minutes in a 24-hr period*?
3. Who did you eat lunch with or spend more than fifteen minutes in a break room with that was
closer than 6 ft to you?
4. Is there anyone you accidentally coughed or sneezed on that was 6 ft or closer?
Location / Date of Type Did YOU Did Location of Duration Quarantine
Organization Contact of wear a THEY Contact of Time End Date
Name Contac mask? wear a (Bldg, (+14
t mask? Office, days from
(1,2,3) Room #) Last Day of
Contact
Types of contact:
1 – Direct, close contact (e.g., carpooling, same household, etc.) 2 – Accidental coughing or sneezing
3 – Within 6 feet for a cumulative total of 15 minutes or more*
* Individual exposures added together over a 24-hour period (e.g., three 5-minute exposures equal
a total of 15 minutes). Per the CDC definition of “close contact” the determination of close contact
should be made irrespective of whether the ill individual or contact was wearing a face
covering/mask.
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of
the information.
Brief or Distant Contacts (Unknown Risk)
In the table below, please list all brief workplace contacts starting two days prior to the
onset of symptoms. Do not include “close contacts” listed above.
Question for the employee:
1. Who did you spend time in the same room with for more than fifteen minutes that
stayed more than six feet away from you?
2. Who did you spend time in proximity (6 ft or less) for less than fifteen minutes (i.e. in
an elevator, passed in a hallway, facility entrances/security check points, etc.)?
If the ill employee is confirmed positive and had a contact defined by the COVID-19
Decision Tool as an unknown risk, direct the contact(s) to take the action listed in the
Decision Tool.
Jurisdiction / Date of Type of Did Did Duration Office Location
Name Organization Contact Contact YOU THEY of Time and Room #
(1,2,3) wear a wear a
mask? mask?
Types of contact:
1 – Within 6 feet for a short period of time (cumulative exposures over a 24-hour period total less than 15
minutes)
2 – Greater than 6 feet (short or long period of time)
3 – Other brief contact
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of
the information.
Spaces: Identified Risk
Please list all the locations within the facility the ill employee visited for more than 15
minutes starting two days prior to the onset of symptoms. Be as specific as possible.
Identified areas should be closed to the extent possible until a cleaning determination has
been made.
Location, including Room # Date Duration of time in this location
Spaces: Unknown Risk
In addition, please list any other locations on the facility the ill employee recalls visiting for
less than 15 minutes starting two days prior to the onset of symptoms that are not
documented above. Be as specific as possible.
Location, including Room # Date Duration of time in this location
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of
the information.
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
PLAN FOR THE RESUMPTION
OF JURY TRIALS
Revision Date 4.26.21
Purpose
This revised Plan for the Resumption of Jury Trials for the U.S. District Court for the Southern
District of Ohio:
• provides an overview of the Court’s response and actions, protocols and framework for
the Court’s return to full operations on Monday, May 3, 2021;
• amends the original Plan for the Resumption of Jury Trials adopted by General Order 20-
27 entered on September 29, 2020;
• provides general guidelines when the Court resumes civil and criminal jury trials which
have been affected by the COVID-19 pandemic;
• provides guidance to minimize the risks and ensure the health and safety of all
participants and spectators, including jurors, attorneys, witnesses, parties, members of the
public, the press and Court staff; and
• supplements the revised Court’s Reconstitution Plan.
Since the onset of and the duration of the continuing COVID-19 pandemic, guidance and
information from multiple sources, including the U.S. Department of Health, Centers for Disease
Control (CDC), the State of Ohio, the Administrative Office of the U.S. Courts (AO) and other
District Courts throughout the United States, have been reviewed on a daily, weekly and monthly
basis. This guidance and information counseled the Court to be flexible in implementing and
operating under this Plan.
Executive Summary
Since March 16, 2020, civil and criminal jury trials have been greatly impacted in the U.S.
District Court for the Southern District of Ohio due to COVID-19.
On June 5, 2020, the AO communicated to the Courts a report of the Jury Subgroup of the
Judiciary’s COVID-19 Task Force, entitled “Conducting Jury Trials and Convening Grand Juries
During the Pandemic.” The report addresses issues for courts to consider as they decide when
and how to reconvene petit and grand juries and safely bring back jurors to the Courthouses.
Based on the continued high levels of COVID-19 cases in the District as a whole and in the three
counties where the Courthouses are located, and the recommendation of the Ad Hoc Committee,
General Order 20-25 was entered on August 20, 2020 stipulating that: 1) all civil and criminal
trials scheduled through September 30, 2020 be continued until a future date set by the assigned
judge, except that, for criminal defendants in custody, a jury trial prior to September 30, 2020,
may proceed if the assigned judge determines that, in the interests of justice, it was absolutely
necessary that the trial go forward in a courtroom with plexiglass shielding; 2) naturalizations
could resume as of September 1, 2020; 3) no grand jury proceedings were to be conducted
through September 30, 2020, except thirty-day cases and ongoing historical cases requiring the
testimony of civilian witnesses; and 4) other in-Court proceedings, civil or criminal, could occur
1
in person only upon a determination by the assigned judge that the interests of justice required
that the proceeding be conducted in that matter in a courtroom equipped with plexiglass
shielding.
Chief Judge Marbley, consistent with the AO’s communication of its Report for the Resumption
of Jury Trials, also recognized the Court’s need for such a plan and initiated its preparation. The
Court’s Plan for the Resumption of Jury Trials was adopted by General Order 20-27 entered on
September 29, 2020. The Order allowed for the resumption of criminal jury trials and other in-
Court criminal proceedings on or after October 1, 2020, with any jury trials permitted to be
conducted pursuant to the original Plan’s Protocols. The purpose of the Court’s original
Resumption of Jury Trials Plan was to provide general guidelines when the Court resumed jury
trials affected by the COVID-19 pandemic; to provide protocols to minimize the risks and ensure
the health and safety of all participants and spectators, including jurors, attorneys, witnesses,
parties, members of the public, the press and Court staff; and to supplement the Court’s original
Reconstitution Plan which was adopted by the Court’s General Order 20-17. General Order 20-
27 also continued the status quo of General Order 20-25 through October 31, 2020 and allowed
the grand jury to convene in a limited class of cases: thirty-day cases, ongoing historical cases,
and a limited number of economic crime cases. The Order also allowed that, if a Judicial Officer
determined in the interests of justice it was necessary to proceed with a civil jury trial or other in-
Court proceeding, it would be held in a courtroom with plexiglass shielding. Based on the
continuing increased numbers of new COVID-19 cases within the Southern District of Ohio and
the counties of the three seats of Court, and the recommendation of the Ad Hoc Committee,
General Order 20-31 was entered on October 30, 2020, which extended the provisions of General
Order 20-27 through November 30, 2020.
General Order 20-36, entered on November 25, 2020, extended the provisions of General Order
20-31 through December 31, 2020. General Order 20-38, entered on December 21, 2020,
extended General Order 20-36 through January 31, 2021.
General Order 21-02, entered on January 11, 2021, extended the suspension of the grand jury as
provided in General Order 20-36 with an exception that the grand jury could meet once in
January 2021 and once in February 2021 in any of the three seats of Court. The grand jury could
meet in those months with respect to cases facing an imminent statute of limitations expiration
date and could not consider other matters at those meetings. General Order 21-04, entered on
January 29, 2021, extended the status quo through February 28, 2021. General Order 21-06,
entered on February 26, 2021, extended General Order 21-04 until further notice.
In its March 2021 memorandum to Chief Judge Marbley, the Ad Hoc Committee recommended
extension of the status quo below with respect to criminal and civil jury trials:
1. Civil Jury Trials: With respect to civil jury trials, any civil matter set for jury trial shall
move forward with such trial only if: (1) at least one of the parties in the matter
represents to the Court that the interests of justice require the trial go forward as
scheduled and that any further continuance in the matter would represent a hardship to
the party; and (2) the Court likewise determines that, in the interests of justice, it is
absolutely necessary that the matter go forward as scheduled. Any civil jury trial set to
2
occur, as to which both of the above conditions are not met, will be continued to a future
date to be set by the assigned judge.
2. Criminal Jury Trials: With respect to criminal jury trials, in any criminal matter in
which the defendant is in custody (or, in any multi-defendant matter, if any one or more
of the defendants who will be tried at the same jury trial are in custody), the jury trial
shall be scheduled and move forward in the ordinary course unless the defendant (or, in
cases involving multiple defendants who will be tried together, all defendants who are in
pretrial detention) requests a continuance. In any criminal matter in which no defendant
is in custody, any trial in the matter that is or would be scheduled shall be continued to a
later date unless the defendant requests that the trial go forward, in which case a jury trial
shall be scheduled in the ordinary course. As to any criminal jury trial that is continued
under this paragraph, the Judicial Officer shall include in the Order resetting the date for
the continued trial the requisite findings under the Speedy Trial Act.
3. Courtroom with plexiglass shielding: Any jury trial that occurs shall take place only in
a courtroom that has been outfitted with plexiglass shielding.
The Ad Hoc Committee further recommended the Court’s return to full operations on May 3,
2021, dependent upon meeting the following criteria: 1) a fourteen-day decrease in new
COVID-19 cases in the Southern District of Ohio; and 2) continued expansion of the vaccination
programs in Ohio and Kentucky. The EPT and the Court adopted the recommendations.
Pursuant to General Order 21-09, which was entered on March 31, 2021, the status quo and
provisions of General Order 21-07 are extended through April 30, 2021, with the exception that
naturalization ceremonies may be held at off-site locations beginning on April 1, 2021 and
continue until further notice.
The Ad Hoc Committee recently met in April. The Committee reviewed the numbers of new
COVID-19 cases relative to the gating criteria and discussed the expansion of the vaccine
programs in Ohio and Kentucky. By consensus, the Committee has recommended the following:
1. Effective Monday, May 3, 2021, the Courthouses be open for all proceedings including
in-Court proceedings, and civil and criminal jury trials to be held in courtrooms with
plexiglass shielding.
2. The Court is highly encouraged to continue to minimize traffic in the Courthouses
consistent with public health standards.
3. The Court is highly encouraged to continue the use of video conferencing in matters
deemed appropriate by the presiding Judicial Officer.
4. If these recommendations are approved by the Court that the General Order be amended
consistent with these recommendations.
The Court has approved the Ad Hoc Committee’s recommendations and will return to full
operations on Monday, May 3, 2021 with the default position to use video conferencing
whenever possible, and it being the Judicial Officer’s discretion to hold non-jury trial matters in
3
a non-plexiglass outfitted courtroom, observing social distancing, if a plexiglass courtroom is not
available. All jury trials will continue to be held in plexiglass outfitted courtrooms.
Planning for Jury Trials
Advance planning for jury trials should occur given the various operational, logistical and
staffing challenges due to the on-going pandemic. Respectively, the presiding Judicial
Officer, his or her Courtroom Deputy or Judicial Assistant, Court Reporter, Jury Clerk
respective to that seat of Court, and the Operations Manager and/or Case Management
Supervisor should be involved in this planning. Agencies and key personnel involved in the
jury trial may also be consulted and be part of this process, which may include the U.S.
Attorney’s Office, Federal Public Defender’s Office and the U.S. Marshals Service (USMS).
Advance planning is emphasized for jury trials, which may include the staging of mock trials or
dress rehearsals involving the Judicial Officers and Court staff to walk-through the various
stages of a jury trial. The walk-throughs allow the Judicial Officers and Court staff to assess the
Court’s state of preparedness and to identify areas which may need to be addressed prior to the
jury trials. Initial walk-throughs were completed in each seat of Court: in Cincinnati on October
15, 2020; in Columbus on October 20, 2020; and in Dayton, on October 8, 2020. Subsequent to
the walk-throughs, a template jury trial checklist was completed for each seat of Court. These
checklists are available by contacting the Jury Clerks. Additional walkthroughs for multiple,
simultaneous jury trials were completed in each seat of Court: in Cincinnati on April 19, 2021; in
Dayton on April 21, 2021; and in Columbus on April 23, 2021.
In March 2021, the USMS also communicated a trial preparation worksheet to the Judicial
Officers to assist in its preparation for trials.
With respect to advance planning, consideration should be given to:
• The different stages of a jury trial and preferences of the presiding Judicial Officer,
including but not limited to: the voir dire; how sidebar conferences will be handled; how
and where attorneys will question witnesses; juror break times which may be needed due
to the prolonged wearing of masks; allowance of bottled water in the courtroom for the
aforementioned reason; and juror lunch times.
• The number of jurors that need to be summoned to ensure an adequate number for the
jury panel.
• Staggered arrival times for jurors to ensure social distancing and where jurors will check-
in once they arrive to the Courthouses.
• Assigned seating for jurors and the use of “stick on” badges for jurors.
• The movement of jurors and personnel within the Courthouses to ensure social distancing
including the use of restrooms and elevators, and the intricacies/nuances of the respective
Courthouses.
4
• Signage throughout the Courthouses.
• Inventory, availability and location of supplies which may be needed throughout the
duration of the trial to include hand sanitizer, hand sanitizer stations outside of the
courtroom and the jury assembly room, disinfectant wipes, facial coverings including
masks, face shields for witnesses so that facial expressions may be seen, gloves,
microphone covers, bottled water, and plexiglass cleaner.
• Use of jury assembly rooms or other courtrooms for the voir dire, jury deliberation,
breaks and lunches. The Court has performed assessments of the capacities of
courtrooms and jury assembly rooms which contain updated information on the seating
capacities of the courtrooms with plexiglass shielding. Seating in the courtrooms, jury
assembly rooms and other space can be blocked off or accordingly labeled to comply
with social distancing.
• Jurors bringing in their own lunches and jurors being responsible for storage of their
lunches to avoid potential contamination issues which may result from lunches being
placed in common refrigerators. The Court entered General Order 20-30 on October 22,
2020, which allows the Court to provide meals for semi-sequestered jurors and to charge
the associated costs to the juror fee appropriation. This provides an avenue for the Court
to keep jurors together and on-site for their safety and security during the time they are at
the Courthouses.
• Designated marking of the courtroom(s) for public and press seating to ensure social
distancing or use of other courtroom(s) for viewing of trial through videoconference
technology. If another courtroom is utilized, such courtroom will be staffed by a Court
Security Officer (CSO).
• Use of exhibits and how evidence will be displayed.
• Methodology for court interpreters and court interpretation services, if applicable.
• Additional cleanings needed for the courtroom(s), the jury assembly room(s) and other
areas of the Courthouses.
Summoning of Jurors
The Court has revised its current Coronavirus (COVID-19) Letter to Jurors (Appendix I) in
the juror summons packet to include information regarding the additional health and safety
precautions implemented by the Court. This includes information regarding the visits of
county and city health commissioners in each seat of Court to review the courtrooms with
plexiglass shielding and to communicate expectations to jurors in terms of temperature taking,
the asking of health screening questions, and the wearing of facial coverings (Appendix II).
In addition, as desired, the supplemental questionnaire can be modified to include specific
COVID-19 questions.
5
Advance communication of the Court’s expectations of jurors should occur to include
information regarding the taking of temperatures, the asking of health screening questions and
the wearing of facial coverings. These expectations will be reinforced by Jury staff during new
juror orientation. Joint site visits of courtrooms with plexiglass shielding in the Courthouses of
the three seats of Court have been conducted by respective county and local health
commissioners. The county and local health commissioners in all locations have stated that the
courtrooms with plexiglass shielding and preparations taken by the Court are in compliance with
best practices and directives from the Ohio Department of Health and the CDC. By revising the
supplemental questionnaire as desired, the Jury staff can also ascertain, in advance, if a juror has
received at least one vaccination for COVID-19; any concerns a juror may have with wearing a
facial covering; if a juror is at high risk or has a fear of contracting COVID-19; has childcare or
eldercare issues; or is employed in an essential position affecting the juror’s ability to serve. A
unique COVID-19 excuse has also been created in the Court’s Jury Management System to track
juror deferrals and excuses.
Prospective jurors will be provided with a mask, if needed, upon arrival at the Courthouse.
Selected jurors will be provided a juror kit which includes disinfecting wipes, hand sanitizer,
masks, a pen, and a steno pad.
Scheduling of Jury Trials
Jury trials will be scheduled in the courtrooms outfitted with plexiglass shielding in each seat
of Court. The designated courtrooms are as follows: in Columbus, Chief Judge Marbley’s,
Judge Smith’s, and Magistrate Judge Vascura’s Courtrooms 1; in Cincinnati, Judge Black’s,
Judge Dlott’s, Judge Barrett’s, and Chief Magistrate Judge Litkovitz’s Courtrooms; and in
Dayton, Judge Rice’s, Judge Rose’s, and Magistrate Judge Ovington’s Courtrooms. Jury
trials will be limited to the scheduling of no more than three jury trials in the Cincinnati and
Columbus seats of Court at one time and no more than two jury trials in the Dayton seat of
Court at one time.
Based on the size of these courtrooms and operational considerations, plexiglass shielding has
been installed in these 2courtrooms. The Cincinnati seat of Court has four sets of moveable
plexiglass shielding for the respective jury boxes. The Columbus and Dayton seats of Court each
have three sets. As previously referenced in the Court’s Reconstitution Plan, an operations
subgroup led by the Court Architect conducted a district-wide assessment of Court spaces to
include jury assembly rooms and district and magistrate judge courtrooms. The Court has
updated information on the seating capacities of the courtrooms with plexiglass shielding.
Plexiglass shielding has been installed in each of these courtrooms in the following seating areas:
the Judicial Officer, the court reporter, the courtroom deputy, the counsel tables, and if
logistically needed, the witness stand. Court staff is to continue their use of the Calendly
application, located on the Court’s internal SharePoint site, for scheduling the courtrooms
outfitted with plexiglass shielding.
1
Plexiglass shielding will be installed in Judge Watson’s Courtroom in mid-May.
2
There will be a total of eleven courtrooms outfitted with plexiglass shielding following the installation of
plexiglass shielding in Judge Watson’s Courtroom in Columbus in mid-May.
6
Larger courtrooms allow for increased social distancing and increased numbers of participants in
the gallery. Gallery seating in each courtroom will be designated with stickers. Seating
arrangements for immediate family and the press should be discussed at the final pretrial
conference. Other courtrooms in the Courthouses can be used for individuals to remotely view
the jury trial through use of videoconference technology in the presence of a Court Security
Officer.
Consideration was also given to virtual trials. In February 2021, the Judicial Officers and Court
staff attended a virtual trial seminar held by the Western District of Washington hosted by
District Judge Marsha J. Pechman. The Western District of Washington provided the Court with
a variety of written materials, Orders, and handbooks in reference to conducting virtual trials.
Subsequent to the seminar, the Court met via conference call and discussed the possibility of
holding virtual trials. The Court voted against holding virtual trials.
A master calendar of potential civil and criminal trials has been developed. It will be updated on
a weekly basis as follows:
• each Wednesday, the Jury Clerks will contact each chamber for updates to the trial
schedule;
• updates will be sent to the Chief Deputy Clerk, who will update the master trial schedule;
and;
• the updated schedule will be circulated to all Judicial Officers, Jury Clerks, the USMS,
the U.S. Attorney’s Office, Federal Public Defender’s Office and GSA, and posted to the
Court’s SharePoint site under Operations, COVID-19 Courtroom Scheduling, by the end
of the day on Thursday of each week.
Once a jury has been empaneled, and based on operational needs, staffing and logistics, no more
than three jury trials should be scheduled in the Cincinnati and Columbus seats of Court and no
more than two jury trials should be scheduled in the Dayton seat of Court at one time.
Additionally, multiple jury trials, including voir dires and scheduling space for socially distanced
jurors, breaks, lunches and deliberations, could prove challenging. Jury trials will also bring
more individuals into the Courthouses in contact with the Court Security Officers and Court
staff, and social distancing must be ensured. Priority should be given to criminal cases in Order
to comply with the Speedy Trial Act.
Each seat of Court cannot accommodate more than two voir dires taking place at a time, with
sessions in the morning and sessions in the afternoon. In order to accommodate multiple trials
commencing on the same day, each voir dire needs to be staggered throughout the day or held
over multiple days. Depending on the length of voir dire or the size of the venire, only two juries
may be selected at a time.
A protocol for multiple jury trials when two or three jury trials are occurring simultaneously is
currently in development for completion and communication by the week of April 26, 2021. As
referenced earlier, these jury walkthroughs were held the week of April 19, 2021, with the
7
Judicial Officers, Courtroom Deputies, and the Jury Clerk in each seat of Court to review the
revised protocol.
The Judicial Officers in each seat of Court have been encouraged to schedule a meeting with the
Jury Clerk for their seat of Court to resolve any conflicts in the schedule, with deference being
given first to criminal cases and then to older cases. Resolving conflicts will give Judicial
Officers ample opportunity to reschedule trials if necessary.
Facial Coverings
To reduce the spread of COVID-19, jurors are required to wear facial coverings (which
include masks) in public common areas of the Courthouses, courtrooms, and jury assembly
rooms during jury trial proceedings unless advised by the presiding Judicial Officer.
During the jury trial, jurors should remain masked, unless directed by the presiding Judicial
Officer. Breaks are recommended every two hours for jurors, which will allow for air circulation
to take place in the courtroom and for jurors to remove their masks.
Temperature Taking and Health Screening
To reduce the spread of COVID-19, jurors are required to have their temperature taken and
satisfactorily respond to health screening questions at the entrances to the Courthouses.
Jurors having temperatures greater than 100.4° shall not enter the Courthouses and
immediate notification should be made to the Jury Clerk respective to that seat of Court.
Infrared temperature detectors are located at the visitor entrances at each seat of Court for the
taking of temperatures and jurors will be required to have their temperatures taken daily. In
addition to the taking of temperatures, jurors will also be required to satisfactorily answer health
screening questions on a daily basis as asked by the CSO’s. Although an elevated temperature
may not indicate the presence of COVID-19, the taking of temperatures and health screening of
jurors on a daily basis are proactive measures to reduce the spread of COVID-19 and
demonstrate due diligence on the Court’s part to protect jurors to the greatest extent possible.
Cleaning of Courtrooms and Jury Assembly Rooms
Routine disinfection of the plexiglass courtrooms and jury assembly rooms will occur daily
during a jury trial. Additional cleanings may occur, if desired, utilizing the established
protocol for cleaning, which includes a checklist (Appendix III) for the plexiglass courtrooms.
Court spaces are routinely cleaned and disinfected once a day by the custodial staff. Plexiglass
cleaner is available for use by the custodial staff on an as-needed basis. Additional cleanings
may occur, if desired, utilizing the established protocol for “quick hit” cleanings. A checklist is
available for use to identify areas that need to be cleaned. Consideration should also be given to
cleaning the witness stand between witnesses.
8
Positive COVID-19 or Sick Jurors
If a juror communicates that he or she has tested positive for COVID-19 or is exhibiting
symptoms of illness during a jury trial, contact tracing should immediately occur using the
AO’s Contact Tracing Template (Appendix IV) and the General Services Administration shall
be immediately notified for further action with respect to cleaning and disinfection of the
affected area(s).
Based on contact tracing, further determinations can be made on a case-by-case basis upon
consultation with the presiding Judicial Officer which may include requesting the juror to be
tested for COVID-19.
Surveying of Jurors
Upon conclusion of the jury trial, jurors can be surveyed upon discharge to obtain
information regarding their experience with the Court and the health and safety precautions
that have been implemented.
Surveying of the jurors upon discharge will enable the Court to assess jurors’ experiences and to
provide useful information for future jury trials.
9
Appendix I
SAMPLE STATEMENT
Coronavirus (COVID-19) Message to Jurors
Serving in a Coronavirus World
In 2020 the world was introduced to a new contagious virus: Coronavirus Disease
(COVID-19). Due to the previous declaration of a national emergency, the Federal Court
postponed all jury matters. Pursuant to guidance from The Centers for Disease Control and
Prevention (CDC) and our state officials, we have now started to resume regular activities. Court
employees have returned to their offices in the Courthouse and jury matters have resumed.
We are mindful of the many challenges that our citizens face during this time of national
emergency. We are grateful that because of the courage and sacrifice of so many individuals we
are able to continue the administration of justice through the Federal Court system. We are now
asking you to continue to fulfill your civic duty by reporting for jury service when summoned.
The U.S. District Court – Southern District of Ohio takes the public health and your
safety very seriously. To minimize the risk of infection, we have implemented aggressive
policies and are taking extra precautions that include frequently sanitizing counter tops, tables,
and doorknobs; having hand sanitizer available; offering large spaces to accommodate social
distancing; and restricting access to coffee pots, microwaves and refrigerators. The courtrooms in
which jury trials occur are equipped with plexiglass. During breaks, social distancing will be
maintained along with mask usage. Jurors will be required to have their temperatures taken and
be asked health screening questions by the Court Security Officers upon entering the
Courthouses. Jurors will be required to wear facial coverings in the public common areas of the
Courthouses and the courtrooms. Each selected juror will receive a package that contains hand
sanitizer and a mask. Joint site visits of the courtrooms with plexiglass shielding in the
Courthouses of the three seats of court have been conducted by respective county and local
health commissioners. The county and local health commissioners in all locations have stated
that the courtrooms with plexiglass shielding and preparations taken by the Court are in
compliance with best practices and directives from the Ohio Department of Health and Centers
for Disease Control and Prevention.
The U.S. District Court – Southern District of Ohio understands that some individuals
may be unable to serve at this time due to Coronavirus-related issues. Requests for excuse will
be considered on a case-by-case basis and temporary or permanent excuses will be granted as
necessary. Requests must be in writing (emails are acceptable) and should be submitted
IMMEDIATELY if:
you were diagnosed with COVID-19 and have not recovered from the virus;
you have had contact with someone who has been diagnosed with COVID-19 and has
not completed a quarantine period;
you have been asked to self-quarantine by any doctor or other medical provider, hospital,
or health agency and are still within that time of self-quarantine;
you have been experiencing a fever, cough, shortness of breath, or are presently
suffering from an elevated body temperature or chills;
you are a person at a high risk of infection or with a high risk of severe complications
from infection;
you are a person living with others who have a high risk of infection or with a high risk
of severe complications from infection.
We thank you for your patience and for your cooperation as we work together to live
safely in a Coronavirus World.
Appendix II
COVID-19 Screening Questions
1. Have you experienced any cold or flu-like symptoms in the last 14 days (to include fever,
cough, sore throat, respiratory illness, difficulty breathing or fever at or greater than 100°
Fahrenheit)?
2. Has anyone in your household had any of the following symptoms in the last 14 days: sore
throat, cough, chills, body aches for unknown reasons, shortness of breath for unknown
reasons, loss of smell, loss of taste, fever at or greater than 100° Fahrenheit?
3. Have you or anyone in your household traveled to any of the countries listed on the CDC
website for Travelers Prohibited from Entry to the United States in the past 14 days?
4. Have you or anyone in your household traveled on a cruise ship in the last 14 days?
5. Have you or anyone in your household cared for an individual who is in quarantine or is a
presumptive positive or has tested positive for COVID-19 in the past 14 days?
6. Do you have any reason to believe you or anyone in your household has been exposed to or
acquired COVID-19 in the past 14 days?
7. To the best of your knowledge have you been in close proximity to any individual who tested
positive for COVID-19 in the past 14 days?
Revised 3/18/2021
Appendix III
U.S. District Court for the Southern District of Ohio
Courtroom Disinfecting Checklist
Date:
Time:
Number of Participants in Court:
Areas which require cleaning:
❏ Judge's Bench
❏ Witness Box
❏ Courtroom Deputy Desk
❏ Court Reporter Desk
❏ Counsel Tables. Please specify___________________
❏ Gallery Rows _________________
❏ Jury Room
❏ Jury Room Restrooms
❏ Other-Specify___________________
Please e-mail the appropriate GSA Service Desk within 15 minutes prior to or immediately after
conclusion of the in-Court proceeding.
GSA Cincinnati:
[email protected]
GSA Columbus:
[email protected]
GSA Dayton:
[email protected]
Courtroom cleaning will take approximately 30 minutes from on-site arrival. All efforts will be
made to accommodate the Courtroom schedule, however there may be some delays in cleaning
from 12pm – 1pm.
Appendix IV
Contact Tracing Template
COVID-19
Once an employee has presented symptoms of Coronavirus Disease 2019 (COVID-19), it is
critical for the employee’s supervisor to quickly trace potentially affected locations and contacts
to mitigate spread. This form enables supervisors to conduct contact tracing as outlined by the
Centers for Disease Control (CDC). It is designed to capture the ill employee’s contacts (close
contacts and unknown risk) and visited locations starting two days prior to the onset of
symptoms.
Once completes, these forms should be shared with <insert POC name and contact information>
for appropriate communication efforts and <insert POC name and contact information> for
facility cleaning.
Talking with An Employee
When speaking to an ill employee for contact tracing, the employee’s supervisor should explain
that they are calling to identify:
• people on the court unit campus that the ill employee was in contact with starting two
days prior to symptoms (or two days prior to test specimen collection if they are
asymptomatic);
• types of interactions they had (to help identify risk levels); and
• rooms and spaces on campus they visited to help identify any special cleaning needs.
The questions should solely focus on contacts and locations related to the court unit campus, not
outside of workplace. If an employee prefers, s/he may complete this form on their own and e-
mail within 24-48 hours.
Determining At-Risk Contacts
Use the COVID-19 Decision Tool on the following pages to determine which type of contacts
the employee had:
• Identified Risk (Close Contacts) or
• Unknown Risk
•
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of
the information.
Date and Time of Form Completion: Name of Person Completing this
Form:_____________
Employee has been informed that his/her responses to the following questions are focused
solely on the specific court unit campus and interactions with judiciary staff, partners
and clients: Yes No
Name (if Contractor, initials are OK):
Supervisor’s Name:
Organization (Court Unit or Contractor Company):
County/State of Residence:
Reason for Contact Tracing:
(Positive Test, Presumed Positive Diagnosis, Symptomatic)
Have you been in recent contact with someone suspected or known to
have COVID-19?
If yes, date of contact?
Last Day on Court Unit Campus:
Date of Symptom On-set:
Test or Diagnosis Date:
Test Result and Date:
Narrative (please describe the case in plain language):
Does the ill person have any lessons learned, or things they would do differently in the
future?
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of
the information.
Decision Tool
In the absence of specific guidance from local public health professionals this CDC based tool may be
used. Recommendations may be modified by local authorities.
llave )'OU been in dircc.t· contact with a person with lab confinncd or suspected case of OVID-I 9? No~ - -----------.
I Arc you living in 1he same household as, being nn intima te partner or, or pro,~ding care in a non- I @
healthc.(lJC selling for a person "ith laboralory-confinued or suspected COVID-19 infection?
l
Were you \\1lhin 6 foct of die sick contact (i.e. next 10 someone a l a dinn~'f, meeting,
i111crvicw, pumc scat, town hall, etc.) for 15 minmcs or more in a 24-hourpcriod·· or were
you e~posed 10 respimtory secrelions by btling directly coughed or sneezed on?
Were you in die same indoor environment (ofiicc spaces, cafeteria, committec/hearing rooms, etc.)
for 1S minules or more in a 24-hour period ( Ase., nole), but more than 6 foet away and not
sneezed/coughed on?
A11 other brief co11~1cts not categorized above (such as sh.iking
hands, taking a photo/scllic, passing in a hallwa •, ~le.)
Are you fully vaccinated****? @ - - - ---t
Unkno\\n R!Jk
A ymptomatic People la ' home and avoid publi oc1ivi1ie;;, Avoid con ta 1 "ilh people Sclf-moniloc for symp1oms. l'cr,;onal hygiene and sociol distancing in accord wilh
al higher risk for severe illness: Expo<:I gunronlinc for al least 14 recom mendations for oil members of the communi ty.
d;tv~ aOcr kts1 k11cm nC.."s:l)(}fglrti tel Pn infeetcd i11di, 1idu;t)· Consul 1
public health for guidance
Symptomatic··· People lmmedimely isolate at home: Pre,notif and consult health care lmmedimely isolaie 01 home: Pre-notify and consult health care pro,•ider for
pro,•ider for 111odcro1clsevcre ill m:s.; Consult public hcollh for 111odero1clsevcre ill ncs..
c\'aluarion: Exwt isnlalinu for 10 dm.rs or more.
* person to person; NOT higher order contacts such as a ‘person who met a person who met a person…’
** 15 minutes of cumulative exposure in a 24-hour period; may be continuous or discontinuous
(e.g. 3 exposures of 5 minutes each); with or without wearing a mask; see CDC definition
*** Symptomatic = fever>100.4 F, chills, fatigue, muscle or body aches, congestion or runny nose,
sore throat, cough, shortness of breath, nausea or vomiting, diarrhea, headache, or new loss of
taste or smell
**** fully vaccinated as defined by the CDC; includes ≥2 weeks following completion of vaccine series,
within 3 months of vaccine series completion, and asymptomatic since current COVID-19 exposure
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
CloseinContacts
confidential, (Identified
accordance Risks) federal laws. The form and the information it contains
with applicable
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of the
information.
Please use the COVID-19 Decision Tool and table below to list all workplace close contacts starting
two days prior to the onset of symptoms. Direct any close contacts to take the appropriate actions
listed in the Decision Tool.
Questions for the employee to consider:
1. With whom did you work closely starting two days before you began demonstrating
symptoms of COVID (anyone who was within 6 feet for a cumulative total of 15 minutes or
more over a 24-hour period*)?
2. Were you closer than 6 ft to anyone for short, but multiple periods of time in one day, totaling
more than 15 minutes in a 24-hr period*?
3. Who did you eat lunch with or spend more than fifteen minutes in a break room with that was
closer than 6 ft to you?
4. Is there anyone you accidentally coughed or sneezed on that was 6 ft or closer?
Location / Date of Type of Did Did Location of Duration Quarantine
Organization Contact Contact YOU THEY Contact of Time End Date
Name (1,2,3) wear a wear a (Bldg, (+14
mask? mask? Office, days from
Room #) Last Day of
Contact
Types of contact:
1 – Direct, close contact (e.g., carpooling, same household, etc.) 2 – Accidental coughing or sneezing
3 – Within 6 feet for a cumulative total of 15 minutes or more*
* Individual exposures added together over a 24-hour period (e.g., three 5-minute exposures equal
a total of 15 minutes). Per the CDC definition of “close contact” the determination of close contact
should be made irrespective of whether the ill individual or contact was wearing a face
covering/mask.
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of
the information.
Brief or Distant Contacts (Unknown Risk)
In the table below, please list all brief workplace contacts starting two days prior to the
onset of symptoms. Do not include “close contacts” listed above.
Question for the employee:
1. Who did you spend time in the same room with for more than fifteen minutes that
stayed more than six feet away from you?
2. Who did you spend time in proximity (6 ft or less) for less than fifteen minutes (i.e. in
an elevator, passed in a hallway, facility entrances/security check points, etc.)?
If the ill employee is confirmed positive and had a contact defined by the COVID-19
Decision Tool as an unknown risk, direct the contact(s) to take the action listed in the
Decision Tool.
Jurisdiction / Date of Type of Did Did Duration Office Location
Name Organization Contact Contact YOU THEY of Time and Room #
(1,2,3) wear a wear a
mask? mask?
Types of contact:
1 – Within 6 feet for a short period of time (cumulative exposures over a 24-hour period total less than 15
minutes)
2 – Greater than 6 feet (short or long period of time)
3 – Other brief contact
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of
Spaces: Identified Risk
the information.
Please list all the locations within the facility the ill employee visited for more than 15
minutes starting two days prior to the onset of symptoms. Be as specific as possible.
Identified areas should be closed to the extent possible until a cleaning determination has
been made.
Location, including Room # Date Duration of time in this location
Spaces: Unknown Risk
In addition, please list any other locations on the facility the ill employee recalls visiting for
less than 15 minutes starting two days prior to the onset of symptoms that are not
documented above. Be as specific as possible.
Location, including Room # Date Duration of time in this location
CONFIDENTIAL: This contact tracing form and the information it contains will be kept
confidential, in accordance with applicable federal laws. The form and the information it contains
will only be shared with individuals who have a need to know, will be maintained separate from
individual employee personnel files, and will be properly secured to protect the confidentiality of the
information.
