IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
DIVISIONAL STANDING ORDER No. 2021 -8
The Ward R. Burke United States Courthouse in Lufkin, Texas (the Courthouse) is a public
building in which the public is welcomed. Unfortunately, because of the coronavirus disease 2019
(COVID-19) pandemic, operations at the Courthouse have been reduced. Many hearings have been
conducted by phone or video conference, and physical access to the Courthouse has been limited. In
addition, several jury trials have been postponed. This has the potential to conflict with the
constitutional right to a trial by jury. Congress has expressed its clear intent that litigants must be
afforded a prompt resolution of disputes, consistent with the requirements of the Constitution and
statutory law. In criminal cases, while limited exceptions are permitted, the Speedy Trial Act sets
deadlines for, and requires that priority be given to, providing a prompt and fair trial for each defendant
charged with a criminal offense. Another important consideration is, with very limited exceptions such
as cases involving minors, protection of the right of public access to court proceedings, especially
criminal trials.
This court and its staff have been engaged in what is known as “Recovery Planning,” so that the
court may operate safely. The court has reviewed recent guidance from the Administrative Office of
the United States Courts (AO), contained in the “Updated Guidance Regarding Judiciary Response to
COVID-19” (7/30/2021 & 5/20/2021) as well as earlier guidance, including, the “Updated Guidance
Regarding Judiciary Response to COVID-19” (3/11/2021), “Health Screening, Use of Masks/Face
Coverings, Testing, and General Health Questions” (1/15/2021), “Updated Guidance Regarding
Judiciary Response to COVID-19” (12/7/2020), “Updated Guidance Regarding Judiciary Response to
COVID-19” (8/14/2020), “COVID-19 Guidance: Centers for Disease Control and Prevention Answers
to Courts’ COVID 19 Questions” (7/17/2020), “Updated Guidance Regarding Judiciary Response to
COVID-19” (5/22/2020), the “Federal Judiciary COVID-19 Recovery Guidelines” (5/7/2020), the
“COVID-19 Judiciary Recovery Planning Checklist” (5/7/2020), and AO posts such as “Coronavirus
(COVID-19) Guidance: Jury Duty FAQs.” The court has also reviewed the Executive Order on
Protecting the Federal Workforce and Requiring Mask-Wearing (1/20/2021), as well as
recommendations issued by the U.S. Centers for Disease Control and Prevention (CDC) concerning
precautions to be taken, as well as statistical data concerning COVID-19 cases in the Lufkin Division
and in Angelina County, where the Courthouse is located.
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The court has carefully considered all of these factors in balancing the rights of criminal
defendants to a speedy and fair trial by jury, the rights of civil litigants to a prompt and fair resolution
of disputes, the right of the public to “open courts,” and the safety of Courthouse staff, jurors, witnesses,
parties, observers, and counsel. The court has determined that, effective immediately, trials, hearings,
and mediation may continue to be held on a limited and controlled basis in the Courthouse consistent
with this order.
It is therefore ORDERED, effective immediately, that absent a specific order from this court, for
the protection of courthouse staff, litigants, attorneys, and observers, the following persons shall not
enter the Courthouse:
1. Any person who is currently under the direction of a licensed healthcare professional or
public health agency to self-quarantine;
2. Any person who has been diagnosed by a licensed health care provider as having
Coronavirus or has tested positive for Coronavirus by a source authorized by the State of
Texas, and who has not obtained written verification from a licensed medical doctor,
doctor of osteopathy, hospital or public health agency professional that they are currently
not contagious;
3. Any person who lives with, or cares for, a person described in category 1, 2 or 3 above;
or
4. Any person who exhibits or reports currently having, a fever, persistent cough or shortness
of breath, persistent pain or pressure in the chest, or nausea.
It is further ORDERED that any person seeking entry to the Courthouse at any time will be
asked by a Court Security Officer (CSO) or a member of the court staff to confirm that none of the
exclusions listed above applies to that person.
It is further ORDERED that absent a specific order from this court, for the protection of
Courthouse staff, litigants, attorneys, and observers, that upon entry into the Courthouse, all persons must
comply with the following requirements:
a. Each person, except a witness while testifying, and an attorney while examining a witness
or making a statement to a jury, must wear an appropriate face mask or covering while
inside the Courthouse in courtrooms, jury rooms, public hallways, public restrooms, and
elevators, unless excused from this requirement by the judge or the mediator. Witnesses
shall testify unmasked, and attorneys may speak unmasked, but only while behind the
plexiglass shields at their respective podiums. Persons other than jurors must supply their
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own masks or face covering.
b. Each person must maintain appropriate distancing from others in the Courthouse, to include
sitting at the location assigned by a member of the court staff. Each person must follow
the instructions of the court staff and CSOs to aid in maintaining distance in the
Courthouse; and
c. Each person must use the hand sanitizer furnished at the front door upon entering the
Courthouse.
It is further ORDERED that during jury selection and while any jury trial is being conducted,
or while any hearing is being conducted, or while any mediation is being conducted at which it is
reasonable to expect 10 or more participants and/or spectators, that those persons who are not barred
by one of the exclusions described in categories 1 through 4 above will have their temperature taken
using a non-contact thermometer, and will be allowed to remain only if the reading is below One
Hundred Degrees Fahrenheit (100 ˚F).
It is further ORDERED that any CSO who is assisting with jury selection shall wear a face mask.
It is further ORDERED that all CSOs, following substantive guidance provided by this Order
and administrative guidance from the United States Marshal for the Eastern District of Texas (EDTX),
shall deny entry to anyone attempting to enter, or remain in, the Courthouse in violation of these
protocols. In the event of any uncertainty as to whether a person should be denied entrance to the
Courthouse, the CSOs shall immediately contact the U.S. Marshal for the EDTX or the designated
Deputy Marshal for a determination, which shall control.
If you are scheduled or required to appear in the Courthouse before the district court or the
magistrate court during the period that this order is in effect, and you are unable to gain entry because
of the targeted visitor restrictions in this order, you should proceed as follows:
a. If you are represented by an attorney, please contact your attorney.
b. If you are an attorney scheduled to appear in court before a judge, please contact that judge’s
Chambers directly by telephone, and if necessary, follow-up by email.
c. If you are scheduled to meet with a Probation or Pretrial Services Officer, please contact the
Probation and Pretrial Services Office directly for guidance and instructions.
d. For any other District Court matters, please contact the office of the Deputy Clerk in Charge of
the Lufkin and Beaumont Divisions at (409) 654-7000.
It is further ORDERED that, unless modified by subsequent order, these restrictions shall
remain in place until rescinded. After this order is signed, and filed with the Standing Orders of the
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EDTX, the U.S. Marshal for the EDTX shall post it in a prominent location at the main entrance to
the Ward R. Burke United States Courthouse in Lufkin, Texas so that the public may have advance
notice of its requirements before it takes effect.
So ORDERED and SIGNED, August 23, 2021.
_______________________
Ron Clark
Senior Judge
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