June 08, 2020
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
IN THE MATTER OF:
COURT OPERATIONS UNDER THE
EXIGENT CIRCUMSTANCES CREATED Standing Order No. 2020-14
BY COVID-19: PHASE I REOPENING
This Standing Order supplements all prior Standing Orders concerning the COVID-19
pandemic.
The court continues to closely monitor the outbreak of COVID-19, the disease caused
by the novel coronavirus, and has consulted with public health and other officials and agencies.
Over the past few weeks, the situation in this district has continued to evolve. On May 15, 2020,
the majority of the Commonwealth of Virginia, including the entirety of the Western District of
Virginia, began its phased reopening as the Governor announced a “safer-at-home” order.1
Virginians in this district are now permitted more freedom of movement but are still encouraged
to stay home as much as possible. Further, on April 24, 2020, the Administrative Office of the
United States Courts (“AO”) updated its COVID-19 pandemic response resources by providing
the AO Guidelines as a model for federal courts to resume operation in a calculated and phased
manner. In accordance with the AO Guidelines, the court established a three-phased plan for
reopening and return to normal operations. Based on the guidance of the AO and the Governor
of Virginia, along with the Centers for Disease Control and Prevention and other state and local
health authorities, the Western District of Virginia will enter Phase I of the court’s
Reopening Plan on June 29, 2020.
1 See Commonwealth of Virginia, Office of the Governor, Executive Order Number Sixty-One (2020) and Order
of Public Health Emergency Three, available at: https://www.governor.virginia.gov/executive-actions/ (last
visited June 5, 2020).
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While the court has continued to operate throughout the pandemic and has conducted
video and teleconferencing hearings, it has determined that it can begin initial steps towards
resuming more normal operations, but that in doing so, the court is mindful that COVID-19
remains at large in our district. In an effort to balance the desire to reopen the court to the fullest
extent possible, while also accounting for any health concerns that may arise, the court has
adopted a Reopening Plan that will guide court operations on a going forward basis. The
Reopening Plan is available on the court’s website (www.vawd.uscourts.gov), and persons
desiring more detailed information regarding the court’s operations under that plan are
encouraged to review it in its entirety. This Order hereby ADOPTS that plan as set forth on the
website.
I.
In order to protect the health and safety of everyone involved in court proceedings, the
court will implement the following precautions as part of Phase I:
1. Face Coverings – For the protection of court staff and visitors, all
entrants to a courthouse in the Western District of Virginia are
required to wear a face covering or mask that covers the wearer’s
nose and mouth continuously when in public spaces, including
hallways, entrance foyers, and courtrooms.2 Face coverings are
required for all authorized visitors and other persons having business
with the court, including employees, vendors, contractors, litigants,
attorneys, law enforcement agents and couriers. Counsel, parties,
2 By direction of the Facilities Security Committee for the Poff Federal Courthouse and Building in Roanoke, face
coverings are recommended, but not required, for Veterans Benefit Administration employees while entering and
exiting the Poff Building through the first and second floor entrances.
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participants, and courtroom staff shall wear face masks or face coverings
during in-person court proceedings unless otherwise directed by the
court, as well as while they are in any public spaces within the building.
A face covering will be made available for anyone seeking entry to the
courthouse who does not have one, including criminal defendants. If the
wearer is a court employee who is alone in a private office or workspace,
which permits at least six feet of physical distance from other persons,
the wearer may temporarily remove the mask. A face covering is not
required for children under 10 years of age or for persons whose health
condition prohibits wearing a face covering.
2. Social Distancing – Social distancing of at least six feet shall be
maintained whenever possible throughout a Western District of
Virginia courthouse. Individuals should be aware of their surroundings
and should comply with all posted signs throughout the courthouse as
they pertain to social distancing requirements. Employees in office areas
should be spaced at least six feet apart and maintain social distancing
throughout the workday to the greatest extent practicable.
3. Health Assessment – All individuals entering a Western District of
Virginia courthouse should conduct a health self-assessment. If an
individual exhibits signs of COVID-19 infection per CDC guidance
(including a temperature greater than 100.4, cough, shortness of breath,
difficulty breathing, chills, sore throat, or the new loss of taste or smell),
the individual should stay home. Vulnerable individuals – those 65
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years or older and people of all ages with underlying medical conditions
– are specifically encouraged to consider the necessity of entering the
courthouse. In the event that a vulnerable individual is a necessary case
participant, the court will take the steps necessary to proceed via
telephone conference or video conference in that individual’s case,
should that individual choose not to appear in person. If delays in
criminal proceedings result because a defendant or his lawyer falls into
this category, speedy trial deadlines may be adjusted as well.
4. Prohibited Persons Ɇ The following persons may not enter a Western
District of Virginia courthouse:
i. Persons who have been diagnosed with COVID-19 and have not
been advised to discontinue isolation by any physician, hospital
or health agency;
ii. Persons who have been asked to self-quarantine by a physician,
hospital, or health agency and have not been advised to
discontinue self-quarantine;
iii. Persons who have had contact within the last 14 days with anyone
who has been diagnosed with COVID-19 or asked to self-
quarantine by any physician, hospital, or health agency;
iv. Persons who have traveled within the last 14 days either
internationally or to areas heavily infected with coronavirus; and
v. Persons with apparent symptoms of COVID-19, including fever
or chills, cough, shortness of breath or difficulty breathing,
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unusual fatigue, muscle or body aches, new loss of taste or smell,
sore throat, nausea or vomiting, or diarrhea.
5. Cleaning – All appropriate areas of the courtroom will be cleaned
and sanitized between hearings. To the extent possible, disinfectant
wipes and/or hand sanitizer will be available at counsel tables in the
courtroom. Further, individuals will be permitted to bring an appropriate
self-use supply of hand sanitizer or wipes into the courtroom.
II.
The court will further implement the following changes to court operations as part of
Phase I:
1. Effective June 29, 2020, in-person proceedings may be resumed
throughout the district.3 Depending on local circumstances of each
Division and the discretion of the presiding judge, the following in-
person proceedings may resume on June 29, 2020: civil and criminal
bench trials; other civil and criminal hearings; and misdemeanor, traffic,
and petty offense proceedings. The court will conduct video and
teleconference hearings to the maximum extent possible and
strongly encourages parties to continue to consent to and
participate in video and teleconference hearings. Should a presiding
judge elect to have an in-person proceeding, all participants must comply
with necessary social distancing safeguards and other health precautions
described herein. For example, efforts should be made to limit all in-
͵ June 29, 2020, a presiding judge in this district may order that an in-person proceeding be
conducted in any civil or criminal case as circumstances require.
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person proceedings to the minimum number of necessary participants
and the court may limit the number of individuals in the courtroom
gallery. In the event that an in-person hearing is scheduled, counsel,
parties, and attendees are strongly encouraged to arrive timely only for
those cases in which they are personally involved or interested.
2. The court will continue to conduct proceedings in eligible criminal and
petty offense cases by video or telephone conference, as authorized by
the CARES Act, and in civil cases as appropriate, to the greatest extent
possible. In particular, the court authorizes the use of video or
teleconferencing hearings in criminal cases, including felony
sentencings and guilty pleas, with the consent of the defendant,
pursuant to §§ 15002(b)(1) and (b)(2) of the CARES Act, through
June 28, 2020 consistent with Standing Order 2020-07.4
3. Criminal jury trials may resume on Monday, July 13, 2020. As of
July 13, 2020, it will be left to the discretion of the presiding judge
whether a criminal jury trial will proceed based on the circumstances of
each Division. Any continuance as a result of the disruption created by
the COVID-19 pandemic to a criminal jury trial shall be excluded under
the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), as described in Standing
Order No. 2020-10. For any continued case, the court will enter an order
to incorporate the findings made in Standing Order No. 2020-10, or
further findings, in the record of each case.
ͶPursuant to § 15002(b)(3)(A) of the CARES Act, the court will review the authorization for video and
teleconference hearings by June 28, 2020 and determine whether to extend the authorization.
4. Grand juries may begin to be utilized in all Divisions by June 11,
2020. In certain circumstances, grand juries may be utilized before that
date. As with all in-person proceedings, grand jury proceedings must be
conducted with the same safeguards and social distancing requirements
discussed herein.
5. Civil jury trials may resume on August 31, 2020. Due to the
restrictions put in place on all in-court proceedings, the interests of
justice require the prioritization of criminal jury trials during the
upcoming months. However, the court will continue to use all available
means to conduct civil hearings and civil bench trials, as appropriate.
This restriction may be lifted by the presiding judge in an individual case
where circumstances require a civil jury trial be held before August 31,
2020.
6. While Clerk’s Office intake stations will remain closed throughout Phase
I, documents may be filed with the Clerk electronically, by mail or in the
secure drop boxes located in the lobby of the Western District’s
courthouses. Documents sought to be filed under seal pursuant to W.D.
Va. Gen. R. 9 may be submitted to the Clerk’s Office by email, after
calling and giving notice to the Clerk’s Office. Any person needing
additional assistance with filing any document should contact the Clerk’s
Office by telephone at the number listed on the court’s website or posted
in the courthouse.
7. All naturalization ceremonies and all non-case related outside
events, tours, and other gatherings in our courthouses are
postponed until further notice.
The court will continue to monitor the COVID-19 public health emergency and will
amend this order as appropriate. The Western District of Virginia shall remain in Phase I of its
reopening plan until further order of the court.
Enter: June 5, 2020
Digitally signed by Michael F. Urbanski
DN: cn=Michael F. Urbanski, o=Western
District of Virginia, ou=United States
District Court,
[email protected], c=US
Date: 2020.06.05 15:24:56 -04'00'
______________________________
Michael F. Urbanski
Chief United States District Judge
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