⚠ Recovered from a scanned original by OCR — check the official PDF before quoting exact language.
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IN THE UNITED STATES DISTRICT COURT:
FOR THE WESTERN DISTRICT OF TEXAS 22 JUL 28 PH 3: 96
AUSTIN DIVISION CLERK. us ;
FERK. U.S. DISTRICT ¢
WESTERN CT OF Tks
§ BY
§ TPPTTY CLERK
STANDING ORDER REGARDING
THE SEALING OF CRIMINAL CASE DOCUMENTS
Unless otherwise directed by the presiding judge, the Clerk of Court for the Austin Division
will ensure there is no public access, either in paper or electronic form, to the following documents:
l. criminal complaints, supporting affidavits, arrest warrants, and related papers, until
each named defendant has been arrested or has made an appearance in federal court,
at which time the documents shall be unsealed as to the arrested defendant(s) only;
om search and seizure applications and associated warrants, tracking applications and
associated warrants, and related papers;
3. pen register or a trap and trace device applications pursuant to either 18 U.S.C. §
3121 et seq. or 18 U.S.C. § 2516 ef seq.;
4. all applications and orders for legal process obtained under 18 U.S.C. § 2703,
nondisclosure orders issued under 18 U.S.C. § 2705(b), and related papers;
5. unexecuted summonses and unexecuted warrants of any kind;
6. pretrial bail or presentence investigation reports, and any addenda or objections
thereto;
vie statements of reasons in a judgment of conviction;
8. juvenile records;
9. documents containing identifying information about jurors or potential jurors;
10. financial affidavits or target letters filed in seeking representation pursuant to the
Criminal Justice Act;
11. ex parte requests for authorization of investigative, expert, or other services
pursuant to the Criminal Justice Act;
12, motions for downward departure for substantial assistance under Section 5K1.1 of
the U.S. Sentencing Guidelines, memoranda in support thereof, responsive
pleadings, and orders granting or denying the same;
13. motions for reduction of sentence under Fed. R. Crim. P. 35(b), memoranda in
support thereof, responsive pleadings, and orders granting or denying the same; and
14. amended judgments pursuant to a grant of a Fed. R. Crim. P. 35(b) motion.
The Clerk of Court shall file the documents listed above under seal without need for a
motion to seal or a certification by counsel and, upon request, provide a copy to the filing party.
The documents shall remain sealed until otherwise ordered by the Court. A party to a criminal
case possessing a sealed document relevant to that criminal case may disclose it to the opposing
party(ies) under the law and rules applicable to criminal discovery without further order of the
Court.
The Court finds that there is a substantial interest in routinely sealing certain types of
criminal case documents because public dissemination of the documents would substantially
risk endangering the lives or safety of law enforcement officers, United States Marshals, agents,
defendants, witnesses, cooperating informants, judges, court employees, defense counsel,
prosecutors, or their respective family members, and could jeopardize continuing criminal
investigations.
The Court recognizes that the public has a qualified right to inspect and copy judicial
records and documents. Accordingly, any documents sealed pursuant to this Standing Order may
subsequently be unsealed on a case-by-case basis upon a showing of good cause.
The Standing Order Regarding Sealing of Warrants, entered by this Court on April 22,
2016, is hereby rescinded.
This standing order and the procedures set out herein are applicable in the Austin Division
of the Western District of Texas.
SIGNED this Lens of ly 7 , 2022.
é b ROBERT PITMAN
ITED STATES DISTRICT JUDGE UNITED STATES DISTRICT JUDGE
