2/18/2022
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
IN RE:
COURT OPERATIONS UNDER )
THE EXIGENT CIRCUMSTANCES )
CREATED BY THE OUTBREAK ) Standing Order 2022-3
OF COVID-19: )
RESCINDING WEEKLY )
COVID-19 TESTING, )
STANDING ORDER 2021-17 )
The United States District Court for the Western District of Virginia has
continued to closely monitor the outbreak of Coronavirus Disease 2019 (COVID-19),
as well as the developing guidance from the Centers for Disease Control and Prevention
(CDC) and state and local health authorities. The staggering surge of the Delta variant
since August 2021 and more recently, the Omicron variant, caused the COVID-19
community transmission rates to be at the HIGH level throughout the Western District
of Virginia. As of today, the transmission rate for the Omicron variant remains at the
HIGH level throughout most of Virginia. 1
According to the CDC, the Omicron variant is more highly contagious but
produces milder symptoms with fewer hospitalizations and deaths than the Delta
variant. 2 Based on current information, the Omicron variant produces cases of
1
https://covid.cdc.gov/covid-data-tracker/#variant-proportions and https://covid.cdc.gov/covid-data-
tracker/#county-view?list_select_state=Virginia&data-type=Risk&list_select_county=51195
(last visited February 18, 2022).
2
https://www.cdc.gov/coronavirus/2019-ncov/variants/omicron-variant.html
COVID-19 infections in large numbers of the population regardless of vaccination
status.
The safety of court employees, judges, litigants, counsel, and members of the
public that enter the court facilities in the Western District is a critical priority. See
Federal Judiciary COVID-19 Recovery Guidelines, at 2 (“The health and welfare of
each Judiciary employee, contractor, and member of the public that enters our facilities
should be paramount in the decisions that are made as these [COVID-19 recovery]
guidelines are implemented.”). Standing Order 2021-17 required weekly testing of
court staff who had not received the vaccine. This action was taken based on the
information then currently available from the CDC, Governor of Virginia, and state
and local health departments.
As the court continues to monitor the current information about the Pandemic,
it appears that because the Omicron variant of COVID-19 spreads regardless of
vaccination status, there is no longer a bona fide need to require unvaccinated court staff
to undergo weekly COVID-19 testing to protect staff and the public who enter the
courthouses. Accordingly, based on the current information, the court intends to
rescind the requirement of weekly testing of staff who are unvaccinated.
The CDC continues to recommend the wearing of well-fitting masks that cover
the nose and mouth when indoors, frequent washing of hands, social distancing, testing
for those who have COVID-19 symptoms and those who have been exposed to
someone with COVID-19, and quarantining and isolating for those with a known
2
exposure to COVID-19 and those testing positive for COVID-19, respectively.3 The
CDC provides guidance on who should get tested and what to do if the test result is
positive for COVID-19. This court will continue to follow guidance from the CDC as
well as guidance issued by the Administrative Office, and state and local health
departments.4
Accordingly, it is ORDERED that (1) the requirement for weekly COVID-19
testing of court and chambers staff who are unvaccinated is rescinded; (2) court and
chambers staff will continue to wear a mask while in the public spaces of our court
facilities, except when alone inside a private enclosed office space which consists of a
door, ceiling, and walls;5 (3) mask wearing during court proceedings will be at the
discretion of the presiding judge; (4) court personnel who have come into close contact
with someone testing positive for COVID-19 or who are experiencing COVID-19
symptoms must stay at home and telework, if possible. Such persons should be tested 6
and quarantine for an appropriate period pursuant to CDC guidance before returning
to court facilities; and (5) court personnel with a positive COVID-19 test result should
3
https://www.cdc.gov/coronavirus/2019-ncov/testing/diagnostic-testing.html#who-should-get-tested
4
https://www.vdh.virginia.gov/coronavirus/get-the-latest-guidance/businesses/
5 The currently in-force mask policy for vaccinated individuals is set forth in General Order No. 2021-11.
6
In December 2021, President Biden announced plans to expand free COVID testing, and in January 2021,
the President announced that each household would receive four, free in-home rapid COVID test kits. See
https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/02/fact-sheet-president-biden-
announces-new-actions-to-protect-americans-against-the-delta-and-omicron-variants-as-we-battle-covid-
19-this-winter/
https://www.npr.org/2022/01/13/1072730868/biden-announces-plans-to-buy-500-million-more-covid-tests-
and-to-offer-free-mask
3
isolate for an appropriate period pursuant to CDC guidance before returning to court
facilities.
This Order will take effect immediately and will remain in place until further
order of the court.
It is SO ORDERED.
ENTER: This 18th day of February, 2022.
Michael F. Urbanski
Chief U.S. District Judge
2022.02.18 16:07:32
-05'00'
__________________________
Michael F. Urbanski
Chief United States District Judge
4
