FILED
2020 APR 28
CLERK
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
IN THE MATTER OF COURT
PROCEEDINGS AND COURT
OPERATIONS DURING THE GENERAL ORDER
20-012
CORONAVIRUS (COVID-19)
PANDEMIC
The Court has entered a number of General Orders in response to the ongoing
Coronavirus Disease (COVID-19) outbreak in Utah and around the nation.1
General Order 20-008, entered on March 12, 2020, confirmed that the Federal
Courthouse in Salt Lake City remains open with restricted access for certain
visitors.
On March 16, 2020, the Court entered General Order 20-009, suspending all
petit jury and grand jury activities in the District through May 1, 2020. In General
Order 20-009, the Court also continued all trial-related deadlines in criminal
cases, entered findings excluding certain time under the Speedy Trial Act,
vacated hearings for most matters set between March 17 and March 31, and
provided guidance concerning numerous other aspects of court operations.
On March 23, 2020, the Court entered General Order 20-010, providing certain
protections for attorney-client communications impacted by the COVID-19 crisis
and establishing protocols for various criminal proceedings and United States
Probation Office activities.
Most recently, General Order 20-011 was entered March 31, 2020, making
findings implementing the emergency provisions of the Coronavirus Aid, Relief,
and Economic Security Act (CARES Act).
1 These General Orders and additional information can be found on the Court’s website:
https://www.utd.uscourts.gov/united-states-district-courts-district-utah-covid-19-
information-center.
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Many of the extension dates initially set forth in those General Orders are now
approaching.
The Court continues to monitor closely the state of the health crisis in Utah and
around the nation. President Trump’s March 13, 2020 National Emergency declaration
remains in effect. Utah remains in a state of emergency under Governor Herbert’s
declaration. Governor Herbert has also issued (and extended through May 1, 2020) a
“Stay Safe, Stay Home” directive and announced a “soft-closure” of all public schools
for the remainder of the school year (May 13, 2020 to June 5, 2020, depending on the
school). The World Health Organization advises that the global pandemic is not
subsiding. Finally, the Judicial Conference of the United States has found that
emergency conditions due to the national COVID-19 crisis have affected and will
materially affect the functioning of the federal courts.
The Centers for Disease Control and Prevention (CDC) continues to issue
guidance to combat the spread of disease, and to promote the health and well-being of
the nation. The Court is closely monitoring the CDC’s developing guidance as well as
various directives from all branches and levels of government. Among other things, the
CDC recommends that all Americans avoid close contact with others (i.e., being within
six feet) and wear cloth face coverings in public or when around others. These and
other measures are in response to increased concerns about the extent of
asymptomatic transmission of the virus and the potential for the virus to spread through
mere conversations or breathing, in addition to airborne transmission through coughing
or sneezing.
To this date, there are nationwide now over 1,027,000 confirmed cases of
Americans infected with COVID-19, resulting in over 58,000 deaths. The number of
new infections in the United States is increasing at a rate of approximately 30,000 new
cases every day. The State of Utah has, to date, confirmed over 4,300 infections,
resulting in at least 370 hospitalizations and 45 deaths. Worse still, the available
evidence suggests difficulty tracking the real spread of COVID-19 because significant
numbers of infections remain undetected due to asymptomatic carriers, varying degrees
of symptoms, a lack of adequate testing, and other factors.
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After careful consideration of the unprecedented severity of the risks presented
by this national and local emergency to the public, litigants, counsel, court employees,
agencies that support the courts, and judges; and following consultation with
appropriate stakeholders; it is HEREBY ORDERED:
1. Jury Trials: All civil and criminal jury trials are CONTINUED through June
15, 2020, pending further order of the Court. The Court may issue further
orders concerning future continuances, as necessary and appropriate.
Questions concerning prospective scheduling of trial dates should be
directed to the assigned judge.
2. Speedy Trial Act: For the reasons stated above relating to the ongoing
COVID-19 threat, and for the reasons previously discussed in General
Orders 2020-09, 2020-010, and 2020-011, including the procedural and
practical challenges to seating a jury in the midst of the COVID-19
pandemic and the Governor’s Stay Safe, Stay Home directive, the period of
time between May 1, 2020, through June 15, 2020, is hereby EXCLUDED
from the respective speedy trial calculations for both the return of an
indictment and the commencement of trial within the District, pursuant to 18
U.S.C. § 3161(h)(7)(A). An “ends of justice” exclusion under the Speedy
Trial Act is disfavored and “meant to be a rarely used tool for those cases
demanding more flexible treatment.”2 The Court nevertheless concludes
an “ends of justice” finding is necessary and appropriate in the District of
Utah at this time. The expanding number of COVID-19 infections,
hospitalizations, and deaths nationally and in Utah, demand modifications
to court practices to protect public health. Courts and court operations are
necessarily social operations, involving many people.
Mindful of the Court’s constitutional responsibility to continue providing
mission-critical functions of the federal judiciary – even during the COVID-
19 outbreak – the need to protect the public health in the midst of the
2 United States v. Toombs, 574 F.3d 1262, 1269 (10th Cir. 2009).
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ongoing deadly COVID-19 pandemic outweighs the important rights of
individual defendants and the public to speedy trials at this time. The Court
reaches this conclusion after carefully balancing the factors set forth in 18
U.S.C. § 3161(h)(7)(B). Specifically, the Court finds that the exclusion of
time through June 15, 2020, from the respective speedy trial periods, is
necessary to protect the health and safety of jurors and prospective jurors,
court staff and employees, criminal defendants, counsel, law enforcement
personnel, and the public. In addition, in-custody defendants in this District
are held at local jails under the direct control of the State of Utah and
individual counties. The Court is experiencing significant restrictions on
access to federal defendants during this outbreak. Travel restrictions
further impair the ability of counsel and witnesses to appear for grand jury
proceedings or trial. Beyond that, the current environment makes it nearly
certain that the Court cannot obtain an adequate spectrum of jurors to fairly
conduct trials. Moreover, the health risks associated with trial are acute.
Trial requires that jurors, counsel, parties, witnesses, court personnel, and
judges all be present in the courtroom in relatively close proximity.
Empaneling a jury, conducting a trial, and facilitating jury deliberations, all
with due regard for health and safety, is simply not possible in the physical
facilities available to the court. Video and audio conferencing, used for
hearings, are not available for trials. Counsel’s ability to adequately
prepare for trial, including locating and consulting with witnesses, and
defense counsel’s ability to effectively confer with defendants, are also
greatly diminished under these circumstances.
Judges are encouraged to enter speedy trial orders in the cases over which
they preside. Judges presiding over criminal proceedings may take such
actions consistent with this Order as may be lawful and appropriate to
ensure the fairness of the proceedings and preserve the rights of the
parties – particularly where defendants are detained pending trial. Any
motion by a criminal defendant seeking an exception to any provision of
this Order should be directed to the assigned judge.
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3. Trial-Related Deadlines: All trial-related deadlines in criminal cases
(including, but not limited to, deadlines concerning motion cutoff dates,
proposed jury instructions, proposed voir dire, proposed verdict forms, plea
cutoffs, etc.) scheduled to begin trial before June 15, 2020 are
CONTINUED, subject to case-specific orders entered by the judge
presiding in individual cases.
Individual judges may continue trial-related deadlines in civil cases at their
discretion. Questions concerning trial-related deadlines should be directed
to the assigned judge.
4. Grand Jury: All grand jury proceedings in the District of Utah are
SUSPENDED through June 15, 2020. Due to the unavailability of a grand
jury in the District during this period, the 30-day time period for filing an
indictment is tolled as to each defendant until this Order terminates. See 18
U.S.C. § 3161(b). Questions concerning grand jury scheduling should be
directed to the United States Attorney’s Office.
5. Search Warrants: Between May 1, 2020, and June 15, 2020, all search
warrants and other applications (including, among other things, trap/trace
and pen registers), as well as new criminal complaints for most cases shall
be submitted via email to the chambers email box of the duty Magistrate
Judge:
a. April:
[email protected] for Judge Warner;
b. May:
[email protected] for Judge Romero; and
c. June:
[email protected] for Judge Pead.
In matters arising in the Southern Region, with St. George location
designations, such materials shall be submitted to:
[email protected] for Judge Kohler.
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The courtroom deputy will then communicate with the sender to arrange
the resolution of such matters via electronic means (teleconference or
video), as appropriate.
6. Title III Applications: All Title III applications shall be submitted via email
to Chief Judge Shelby’s courtroom deputy, Mary Jane McNamee. The
courtroom deputy will then communicate with the sender to arrange the
resolution of such matters via electronic means (teleconference or video),
as appropriate.
7. Criminal Hearings: The protocols set forth in General Order 20-010 are
adopted and incorporated herein. Those provisions in General Order 20-
010 relating to Attorney-Client Privilege (Paragraph 1) and Pretrial Services
Reports (Paragraphs 2-5) are EXTENDED through June 15, 2020.
Appearances in any criminal hearings ordered by summons are
CONTINUED through June 15, 2020. Judges before whom such
appearances were scheduled are encouraged to notify those summoned of
a new appearance date.
8. Central Violations Bureau Calendars: The Central Violations Bureau
(CVB) calendars set between May 1, 2020 and June 15, 2020 are
CANCELED. The Court will direct that new hearing notices for mandatory
appearances be delivered for dates after June 15, 2020, at the discretion of
the assigned judge.
9. Reentry and Specialty Courts: In-court reentry (specialty court) hearings
and activities are SUSPENDED through June 15, 2020. At the discretion
of the presiding judicial officer, these courts may be conducted remotely
utilizing existing telephonic or video conference options in a manner that
does not require in-person participation or that otherwise jeopardizes the
health and safety of the participants, the program staff, or court
representatives.
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10. Civil Hearings and Bench Trials: Presiding judges retain discretion to
proceed with civil hearings and bench trials as necessary and appropriate
in individual cases. For the reasons detailed above, including the
unprecedented and serious health concerns associated with the current
pandemic, in-person civil hearings should be held only in exceptional
circumstances. This is so even in emergency matters, including
applications for temporary restraining orders or injunctions. Absent specific
and compelling exceptional circumstances, all civil hearings should be
conducted remotely utilizing existing telephonic or video conference
options. If a judicial officer concludes that a hearing must be conducted in-
person, that judge should adopt stringent protocols in consultation with
counsel, and consistent with CDC guidance, to ensure the safety of the
parties, witnesses, counsel, and court staff.
11. Public and Bar-Related Functions: All public and bar-related functions
scheduled to take place at the federal courthouse between May 1, 2020,
and June 15, 2020, are CANCELED. This includes meetings of the
American Inns of Court, continuing education events, school tours,
informational meetings, social functions, and Immigration and
Naturalization ceremonies. Questions concerning rescheduling these
events should be directed to the Clerk’s Office.
12. Public Access: The federal courthouse in Salt Lake City shall remain open
for mission-critical functions of the judiciary, but the public and members of
the bar are discouraged from coming to the courthouse unless necessary
for official court-related activities, including filing documents that cannot be
submitted electronically, attending in-person criminal hearings described
above, and the like. The St. George Courthouse is closed, but is
proceeding with mission-critical functions through electronic and remote
means.
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Those coming to the federal courthouse in Salt Lake City must comply with
all governmental guidelines including the use of personal protection such
as masks and physical distancing.
13. The Clerks’ Office, the United States Bankruptcy Court for the District, and
other court services shall remain open pending further order of the Court,
but business hours and means of access may be limited. Specific
information about business hours will be available on each Court unit’s
internet site.
SO ORDERED this 28th day of April, 2020.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
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