FILED
2020 JUN 15
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
20-017
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.
• 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 .
1
• Most recently, on April 28, 2020, the Court entered General Order 20-012,
making additional findings related to the Speedy Trial Act, continuing all civil and
criminal trials through June 15, 2020, and providing guidance concerning other
court functions.
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. Governor Herbert declared a state of emergency on March 6, 2020,
and while restrictions have been imposed and relaxed, new daily cases of COVID-19 in
Utah continue at sustained, not declining, numbers. 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 the 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 2,000,000 confirmed cases of
Americans infected with COVID-19, resulting in over 100,000 deaths. Though the daily
number of new infections in the United States has stabilized, the State of Utah has seen
in recent weeks a significant acceleration of positive cases. To date there are over
13,000 confirmed infections, resulting in nearly 1,000 hospitalizations and more than
130 deaths. Worse still, the available evidence suggests difficulty tracking the real
spread of COVID-19 because significant numbers of infections remain undetected due
2
to asymptomatic carriers, varying degrees of symptoms, a lack of adequate testing, and
other factors.
On the other hand, the Court is mindful that this extended period without the
availability of trials and grand jury proceedings significantly impacts criminal defendants,
civil litigants, and our community. While the safety of the public, litigants, lawyers,
parties, and Court staff remain the top priority, the Court is committed to increasing the
availability of mission-critical services to the community as expeditiously as conditions
permit. To that end, the Court has adopted a plan for phased reopening based largely
on guidance from the Administrative Office of the United States Courts, and national
and local health agencies. The plan calls for resuming various court functions in stages
upon satisfaction of certain required criteria. Those criteria include: (1) No COVID-19
confirmed or suspected cases in the court facility within a 14-day period, or if a
confirmed or suspected case has occurred, there has been a “deep cleaning” of
exposed areas and applicable employee self-quarantine actions have been taken; (2)
Sustained downward trending average of cumulative daily COVID-19 case counts in the
District over a 14-day period; and (3) Recission of local restrictions on movement and/or
shelter in place orders.
Once these criteria are satisfied, the Court will enter Phase I and resume “critical”
grand jury proceedings and in-person “critical” hearings in civil and criminal cases. This
may include “critical” bench trials. Upon satisfying the criteria a second time (meaning
at least 14 days later with continuing stable or reduced case counts and no cases in the
courthouse), the Court will enter Phase II. In Phase II, all in-person hearings will be
available in criminal and civil cases (though the use of teleconference and
videoconference hearings will continue as deemed appropriate by the presiding judge in
each case). The grand jury will commence regular function in Phase II. Criminal trials
will begin on a limited basis, employing a triage process to identify and prioritize the
most pressing cases.
Once the triggering criteria are again satisfied (meaning at least two weeks after
entering Phase II, with continuing stable or reducing case counts and no cases in the
courthouse), the Court will enter Phase III. This Phase allows for full resumption of
criminal trials. Once any backlog in criminal cases is sufficiently addressed, full civil
3
trials may resume. Full operation of Court functions, including bar-related and social
events at the courthouse, will resume in Phase IV following satisfaction of the criterial
for a fourth time.
By its nature, this plan for reopening will require continuous monitoring of
conditions in the District. It will also require flexibility and potential modification of
deadlines on a regular basis. The Court will enter further General Orders implementing
the plan in stages as outlined above. If conditions permit the Court to resume certain
functions before the dates below, those forthcoming General Orders will supersede the
dates provided herein.
In the meantime, after careful consideration of the continuing 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
August 1, 2020, pending further order of the Court. The Court may issue
further orders concerning future continuances as are 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, 2020-011, and 2020-012, including the
procedural and practical challenges to seating a jury in the midst of the
COVID-19 pandemic the period of time between June 15, 2020, through
August 1, 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
2
United States v. Toombs, 574 F.3d 1262, 1269 (10th Cir. 2009).
4
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
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 August 1, 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.
5
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.
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 August 1, 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
temporarily SUSPENDED. Grand Jury proceedings will resume as
promptly as possible upon the Court entering Phase I of its reopening
protocol. In the meantime, 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 June 15, 2020, and August 1, 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
6
be submitted via email to the chambers email box of the duty Magistrate
Judge:
a. June:
[email protected] for Judge Pead; and
b. July:
[email protected] for Judge Oberg; and
In matters arising in the Southern Region, with St. George location
designations, such materials shall be submitted to
[email protected] for Judge Kohler.
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 August 1, 2020.
Appearances in any criminal hearings ordered by summons are
CONTINUED through August 1, 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 June 15, 2020 and August 1, 2020 are
CANCELED. The Court will direct that new hearing notices for mandatory
appearances be delivered for dates after August 1, 2020, at the discretion
of the assigned judge.
7
9. Reentry and Specialty Courts: In-court reentry (specialty court) hearings
and activities are SUSPENDED through August 1, 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.
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 June 15, 2020,
and August 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.
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
8
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.
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 Clerk’s 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 15th day of June, 2020.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
9
