FILED
2020 Mar 16
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
20-009
CORONAVIRUS (COVID-19)
PANDEMIC
The court enters this General Order in response to the outbreak of the
Coronavirus Disease (COVID-19) in the District of Utah. President Trump on March 13,
2020 declared a National Emergency in response to the nationwide outbreak, which the
World Health Organization has declared a global pandemic. Governor Herbert has
declared a state of emergency in Utah, prompting the Utah Supreme Court to
implement the Utah State Courts Pandemic Response Plan at level “Red.” The Centers
for Disease Control and Prevention has issued guidance to combat the spread of
disease, and to promote the health and well-being of the nation.
Given the unprecedented severity of the risks presented by this national and
local emergency to the public, litigants, counsel, court staff, and other agencies, the
following protocol is hereby implemented immediately in the District of Utah:
1. All civil and criminal jury trials scheduled to begin between today and May
1, 2020 are CONTINUED pending further order of the court. The court may
issue further orders concerning future continuances, as necessary and
appropriate. Criminal jury trials already underway are not affected by this
Order. Questions concerning prospective scheduling of trial dates should
be directed to the assigned judge.
2. All trial-related deadlines in criminal trials (including, but not limited to,
deadlines concerning motion cutoff dates, proposed jury instructions,
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proposed voir dire, proposed verdict forms, etc.) scheduled to begin
between today and May 1, 2020 are CONTINUED pending further order of
the court. Criminal jury trials already underway are not affected by this
Order. 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.
3. All grand jury proceedings in the District of Utah are SUSPENDED through
May 1, 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.
4. Due to the court’s reduced ability to obtain an adequate spectrum of jurors,
together with the effect of public health recommendations on the availability
of counsel, witnesses, and court personnel to be present in the courtroom,
all continuances implemented by this Order shall be excluded under the
Speedy Trial Act. The court finds that the ends of justice served by ordering
continuances of all grand jury proceedings and criminal jury trials outweigh
each defendant’s right to and the public’s interest in speedy indictment and
trial. For these reasons, all continuances implemented by this Order are
ordered excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A),
subject to the entry of an order addressing the same by the assigned judge
in each case. 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. Absent further order of
the court, the period of exclusion shall be from March 16, 2020, through
May 1, 2020.
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5. Between March 17, 2020 and May 1, 2020, all search warrants and other
applications (including, among other things, trap/trace and pen registers),
as well as new criminal complaints shall be submitted via email to the
courtroom deputy of the duty Magistrate Judge (March: Teri Sparrow for
Judge Pead; April: Kirsten Mumford for Judge Warner). 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. Between March 17, 2020 and May 1, 2020, 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. All currently scheduled hearings in criminal cases, including all motion
hearings, change of plea hearings, and sentencings are CONTINUED,
except that the assigned judge in each case may exercise discretion to
proceed with affected hearings at the scheduled time or otherwise by
telephone, video conference, or other means that do not require personal
appearance at the courthouse.
8. To the extent possible, future criminal hearings will be set for a date after
April 15, 2020, but they will be set at the discretion of the judge conducting
the hearing. Questions concerning hearings in criminal cases should be
directed to the judge conducting the hearing.
9. Initial appearances on indictments and complaints, as well alleged
violations of pretrial or supervised release or probation, and detention
hearings will proceed as usual. However, appearances in any such matters
ordered by summons will be continued to a date after May 1, 2020.
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10. The Central Violations Bureau (CVB) calendars set for March and April are
CANCELED. The court will direct that new hearing notices for mandatory
appearances be delivered for May or later, at the discretion of the assigned
judge.
11. In-court reentry (specialty court) hearings and activities are SUSPENDED
until after May 1, 2020.
12. The United States Marshals Service (USMS) is directed ensure that new
arrestees are taken to jail and screened prior to appearing in court. If a jail
informs the USMS that an inmate is sick, that inmate should not be brought
to court that day, and the USMS should inform the magistrate judge on
duty.
13. Subject to the exception below for temporary restraining orders and other
emergency matters, all in-person hearings in civil cases scheduled
between March 17, 2020 and March 31, 2020, are VACATED. The
assigned judge in each case may exercise discretion to proceed with the
hearing at the scheduled time or otherwise by telephone, video conference,
or other means that do not require personal appearance at the courthouse.
14. Absent exceptional and unavoidable circumstances, all hearings in
emergency matters, including on applications for temporary restraining
orders, shall be conducted by telephone, video conference, or other means
that do not require in-person attendance of parties, counsel, and witnesses.
15. All settlement conferences scheduled between today and May 1, 2020 are
VACATED. Questions concerning rescheduling settlement conferences
should be directed to the judge assigned to conduct the settlement
conference.
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16. All public and bar-related functions scheduled to take place at the federal
courthouse between today and May 1, 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.
17. The courthouse shall remain open for mission-critical functions of the
judiciary, but the public and members of the bar are encouraged to come to
the courthouse only as necessary for official court-related activities,
including case filings that cannot be submitted electronically, attendance
for in-person criminal hearings described above, and the like.
18. The Clerks’ Office, United States Probation, the United States Bankruptcy
Court for the District, and all other court services shall remain open
pending further order of the court, but business hours may be limited.
Specific information about business hours will be available on each court
unit’s internet site.
SO ORDERED this 16th day of March, 2020.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
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