IN THE UNITED STATES DISTRICT COURT Apr 16, 2020
FOR THE WESTERN DISTRICT OF VIRGINIA
IN THE MATTER OF:
COURT OPERATIONS UNDER THE
EXIGENT CIRCUMSTANCES CREATED Second Amended Standing
BY COVID-19 Order No. 2020-5
Standing Order No. 2020-5, dated March 16, 2020, and Amended Standing Order No.
2020-5, dated March 24, 2020, addressed court operations for the United States District Court
for the Western District of Virginia under the exigent circumstances created by the spread of
COVID-19. Amended Standing Order No. 2020-5 extended the restriction on in-person court
proceedings for any in-person criminal, civil, and bankruptcy proceeding until May 1, 2020.
The exigent circumstances identified in the court’s previous standing orders have
worsened, with Virginia reporting over 6,500 positive cases of COVID-19 and 200 deaths as a
result of COVID-19. Furthermore, all Virginians are under “stay at home” restrictions until June
10, 2020, pursuant to Governor Ralph Northam’s March 30, 2020 Executive Order 55. Given
these changes and the continued public health emergency posed by COVID-19, the United
States District Court for the Western District of Virginia extends the restriction on in-
person court proceedings established in Standing Order 2020-5 and Amended Standing
Order 2020-5 to any in-person criminal, civil, and bankruptcy proceeding through and
including June 10, 2020.
Effective immediately, it is ORDERED as follows:
1. Amended Standing Order 2020-5 is further amended to extend the specified time periods
contained therein through and including June 10, 2020.
2. Nothing in this Amended Standing Order shall be interpreted as postponing or cancelling
1
any previously scheduled, or subsequently scheduled, “remote” proceedings scheduled by
a presiding judge in any criminal or civil cases.
3. For the reasons explained in detail in Standing Order 2020-10, the period of May 2, 2020
through June 10, 2020 is hereby excluded from the speedy trial calculations for both the
return of an indictment and the commencement of trial, pursuant to 18 U.S.C. §
3161(h)(7)(A). The court, on its own motion, finds that the ends of justice served by the
continuances outweigh the interests of the parties and the public in a speedy trial. As
discussed in Standing Order 2020-10, the United States Attorney is requested to file a
motion and proposed order in any criminal matter in which an indictment is delayed due
to the absence of a sitting grand jury, and either party may file a motion and proposed
order to incorporate the findings of this order and Standing Order 2020-10 in the record
of any criminal matter in which a jury trial is continued. As such, Standing Order 2020-
10 is amended to extend to June 10, 2020.
4. The court will continue to monitor the COVID-19 public health emergency and will
amend this order as appropriate.
Enter: April 16, 2020
Michael F. Digitally signed by Michael F. Urbanski
DN: cn=Michael F. Urbanski, o=Western
District of Virginia, ou=United States
District Court,
Urbanski
[email protected], c=US
______________________________
Date: 2020.04.16 13:36:07 -04'00'
Michael F. Urbanski
Chief United States District Judge
2
