August 03, 2021
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
IN THE MATTER OF:
Standing Order No. 2021-16
COURT OPERATIONS AND
AMENDMENT OF STANDING ORDER 2021-11
In response to the surge of the Delta variant of the COVID-19 virus and
increasing hospitalization rates in the Western District of Virginia, this court will
follow the most recent guidance from the CDC and Virginia Department of Health to
reduce the possibility of exposure to COVID-19 variants and to slow the spread of
the disease.1 Following the current guidance will require amendment of Standing
Order 2021-11 entered May 24, 2021 and will require the wearing of masks in public
and common spaces and resumption of social distancing practices within the
courthouses in the Western District of Virginia.
Throughout the COVID-19 pandemic, the court’s operations have been
carried out in accordance with the guidance of the Administrative Office of the U.S.
Courts, the CDC, the Governor of Virginia, Virginia Department of Health, and
other local health authorities to help prevent the spread of the COVID-19 virus and
protect the health and safety of everyone involved with court operations and court
1 See CDC Interim Public Health Recommendations for Fully Vaccinated People, (July 27, 2021), available at:
https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html/, and VDH Dashboard
(July 29, 2021), available at: https://www.vdh.virginia.gov/coronavirus/covid-19-in-virginia-cases/.
proceedings. On May 24, 2021, Standing Order No. 2021-11 was entered in response
to the CDC’s lifting of the requirements of mask wearing and social distancing
protocols for fully vaccinated individuals. The new Standing Order lifted and
modified the health and safety measures previously imposed. These measures
specifically related to face coverings, social distancing, prohibiting courthouse entry,
and enhanced cleaning of courtrooms.
Since the issuance of Standing Order 2021-11, pandemic conditions have
worsened due to the spread of the Delta variant across the United States. The
worsening conditions are taking place in this district. Approximately 99% of
COVID-19 patients hospitalized are unvaccinated, and local health directors report
break-through COVID infections in vaccinated individuals are related to the Delta
variant. 2 Currently available case tracker data from the CDC reports the majority of
counties within the Western District of Virginia are in the Substantial and High
transmission and infection rates for the Delta variant.3 Based on the current data, the
CDC and the Commonwealth of Virginia’s public health organizations now
recommend a resumption of protective measures for both vaccinated and
2 Dr. Cynthia Morrow issued the following public statement on July 16, 2021:
“We can safely assume that delta is in every one of our jurisdictions. . . . A new dashboard on the
Virginia Department of Health website indicates that of those with COVID-19, 99% of the cases,
hospitalizations, deaths are in people who are not yet vaccinated.”
https://roanoke.com/news/local/health-director-warns-of-rise-of-covid-19-cases-presence-of-
delta-strain-in-roanoke/article_6e13dd94-e656-11eb-a1a1-6b121c9e3f2c.html
3 See CDC Data Tracker, https://covid.cdc.gov/covid-data-tracker/#datatracker-home , last visited August 3,
2021.
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unvaccinated persons. These measures include the wearing of face masks in public
indoor settings, social distancing, and testing of those fully vaccinated people who
have had a known exposure to someone with suspected or confirmed COVID-19.
The District’s Pandemic Response Task Force met August 3, 2021 to discuss
the current CDC COVID-19 data and guidance.4 All members were in favor of
following current CDC guidance.
Accordingly, Standing Order 2021-11 is AMENDED, as follows:
1. All persons over the age of two years, seeking entry into the federal
courthouses within the Western District of Virginia, whether vaccinated
or not, including but not limited to:
Court employees; visitors and parties to cases; jurors;
witnesses; attorneys and their support staff including
United States Attorneys, members of the Federal
Defender’s Organization and members of the Criminal
Justice Act Panel of Attorneys; United States Probation
Officers; Court Security Officers; United States
Marshals; all members of law enforcement, General
Services Administration personnel including Goodwill
employees; maintenance and repair personnel and
contractors, cleaning services, vendors, and mail
delivery service persons,
are required wear a mask or face covering while in public or common spaces
inside the courthouse, unless having received specific exception by a Court
4 The Task Force, chaired by Judge Urbanski and Judge Ballou, is made up of representatives from: District
and Bankruptcy Courts; Probation Office; Federal Public Defender’s Office; United States Marshals Service;
United States Attorney’s Office; Federal Protective Service; Court Security Officers; and GSA. This Task Force
has been meeting since March 2020 to discuss the district-wide impact of COVID-19 on each agency’s staff
and operations.
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official, or unless being instructed to remove a mask by an Officer with the
United States Marshals Service, the Federal Protective Service, or Court
Security.
2. The public or common areas of the Courthouse shall include the entrance
areas, lobbies, public corridors, elevators, restrooms, stairwells, garages,
courtrooms, and any other areas of the Courthouse where the public
generally has access.
3. The mask or face covering must completely cover the wearer’s nose and
mouth.
4. The presiding judge in any court proceeding may continue to exercise her or
his discretion to authorize the removal of a mask during the proceeding and
to implement social-distancing protocols as deemed appropriate for the
proceeding.
5. Judges will determine the protocols regarding face masks and social
distancing for her or his chambers and staff while those individuals are
within chambers.
6. Court employees who have been vaccinated and who are within the secure
and non-public office spaces are not required to wear a mask or face
covering but may wear a mask based on individual preference.
7. Court employees who have not been vaccinated must wear a face mask
within the secure and non-public spaces unless the individual is in a private
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office or workspace where the six-foot-social-distancing protocol can be
maintained.
8. The United States Marshals Service, the Federal Protective Service, and
Court Security Officers may deny entry to the courthouse to persons not
wearing a mask. Individuals who remove their masks or face coverings in
violation of this Order after gaining access to the Courthouse may be
required to exit the building.
9. These restrictions will remain in place until further Order of the court based
upon emerging CDC data and guidance.
10. The portions of Standing Order 2020-14, including supplements thereto,
Standing Order 2020-15, as supplemented, Standing Order 2021-4, Standing
Order 2021-6, and Standing Order 2021-14 regarding the manner in which
court proceedings will be handled, shall remain in effect.
11. This Order is effective immediately.
It is so ORDERED.
Entered, this 3rd day of August, 2021. Michael F. Urbanski
Chief U.S. District
Judge
2021.08.03
_____________________________
14:19:09 -04'00'
Michael F. Urbanski
Chief United States District Judge
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