The Law Mind

26 02 18 General Order re speedy trial due to measles outbreak (OCR)

W.D. Tex. Standing Order · Magistrate Judge Henry J Bemporad

⚠ Recovered from a scanned original by OCR — check the official PDF before quoting exact language.
IN THE UNITED STATES DISTRICT COURT FILED FOR THE WESTERN DISTRICT OF TEXAS FEB 18 2096 MIDLAND/ODESSA AND PECOS DIVISIONS CLERK, U.S. DISTRICT WESTERN D oa BY. DEPUTY CLERK GENERAL ORDER REGARDING SPEEDY TRIAL ACT On this day the Court considered the measles outbreak currently impacting West Texas Detention Facility and its implications on speedy trial rights under 18 U.S.C. § 3161. The Court and counsel have been informed that because of the outbreak, a quarantine/lockdown has been imposed by the facility for safety and reduction of further spread. An “ends of justice” continuance under 18 U.S.C. § 3161(h)(7)(A) is typically used to effectuate limited delays in response to case-specific needs.! The Court nevertheless concludes that broader “ends of justice” continuances are necessary and appropriate in the Midland/Odessa and Pecos Divisions of the Western District of Texas due to the present measles outbreak, which has affected over one hundred inmates to date. Although the Court is mindful of its constitutional responsibilities, the need to protect the health of those affected by this outbreak currently outweighs the important rights of individual defendants and the public to speedy trials. The Court reaches this conclusion after careful consideration of the factors set forth in 18 U.S.C. § 3161(h)(7)(B). Specifically, the Court finds that exclusion of time from the respective speedy trial periods is necessary to protect the health and safety of jurors and prospective jurors, court staff and employees, counsel, law enforcement personnel, the public, and not least of all, the accused themselves. 1. United States v. Gordon, 93 F.4th 294, 305 (5th Cir. 2024) (citing Zedner v. United States, 547 U.S. 489, 498-99 (2006)). For these reasons, the Court finds that the ends of justice outweigh the interest of the Defendants and of the public in a speedy trial, and that the period of time from February 12, 2026 through March 4, 2026, is excludable time within the Speedy Trial Act, 18 U.S.C. § 3161, and is hereby EXCLUDED from respective speedy trial calculations pursuant to 18 U.S.C. § 3161(0)(7)(A). It is so ORDERED. SIGNED this 18 day of February, 2026. DAVID COUNTS UNITED STATES DISTRICT JUDGE
Official source: https://www.txwd.uscourts.gov/wp-content/uploads/2026/02/26-02-18-General-Order-re-speedy- · retrieved 2026-07-22