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DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISIONS OF ST. CROIX and ST. THOMAS/ST. JOHN
)
IN RE: ) General Order
)
DISTRICT COURT OPERATIONS )
DURING THE COVID-19 ) Miscellaneous No. 2020-0001
OUTBREAK )
)
FORTY-FIRST ORDER CONCERNING OPERATIONS OF
THE DISTRICT COURT OF THE VIRGIN ISLANDS
DURING THE COVID-19 OUTBREAK
UPON CONSIDERATION of the current conditions surrounding the Coronavirus Disease
(“COVID-19”) cases in the Virgin Islands, this General Order will continue the resumption of Court
operations that were reinstated in the Court’s Fortieth Order Concerning Operations of the District
Court of the Virgin Islands During the COVID-19 Outbreak dated June 30, 2022. This Order will
take effect on August 1, 2022, and will remain in effect through August 31, 2022, unless modified or
terminated earlier or extended by further Order of the Court.
WHEREAS, in response to the spread of COVID-19, the President of the United States
declared a national emergency under the National Emergencies Act (50 U.S.C. §§ 1601 et seq.), which
was extended by the President on February 18, 2022. The United States remains under a State of
Emergency due to the COVID-19 pandemic; and
WHEREAS, in light of the serious public health concerns that COVID-19 presents, the
District Court of the Virgin Islands entered periodic General Orders concerning the operations of the
Court beginning on March 17, 2020, and extended through July 31, 2022, designed to allow the Court
to continue to effectively perform its mission of fairly and impartially administering justice, while at
the same time doing so in a manner consistent with the adoption of precautionary and preventive
measures aimed at reducing exposure to COVID-19 and slowing the spread of the disease; and
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WHEREAS, in its various General Orders, the Court has recognized—and continues to
recognize—that the continuing danger and threat to public health and safety that COVID-19 poses
and the unpredictability and uncertainty of the COVID-19 impact in the Territory at any given time
require, inter alia, the continued monitoring of the COVID-19 climate in the Virgin Islands and the
continental United States; the continued implementation of precautionary and preventive measures
aimed at addressing the exigencies of the circumstances presented; and the flexibility to adjust the
Court’s operations in light of the COVID-19 situation in the Territory, the capacity of the Court, and
the needs of particular matters before the Court; and
WHEREAS, based on the Court’s continued monitoring of the COVID-19 climate in the
Virgin Islands, the Court has adjusted its operations during the course of the COVID-19 pandemic as
the circumstances warranted; and
NOW, THEREFORE, in order to continue to promote public health and safety, and the
health and safety of Court personnel and those with whom they interact in conducting the business of
the Court, counsel, litigants, other case participants, jurors, persons with other business at the
courthouse, and the general public, and consistent with the accomplishment of the Court’s mission
and the circumstances discussed herein, it is hereby ORDERED as follows:
1. The District Court of the Virgin Islands will remain open for official business in both the
St. Croix and the St. Thomas/St. John Divisions of the Court, subject to the conditions set forth in this
Order.
2. The District Court shall continue the resumption of Court operations and permit the
following:
a. Grand jury proceedings may be conducted, provided that quorums can be
established.
b. Central Violations Bureau proceedings may be conducted.
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c. In-person Naturalization Ceremonies may be conducted as approved by the
presiding judicial officer.
d. Clerk’s Office counter services will continue, except that payments in cash will not
be accepted. Payments may be made by personal check, credit and debit cards,
money order, or certified bank check, except that criminal debts cannot be paid by
personal check or credit and debit cards.
3. The District Court shall continue the resumption of civil and criminal jury trials before any
judge or magistrate judge in either Division of the Court, as determined and scheduled by the
presiding judge. All jury trials to be conducted pursuant to this Order will be determined and
scheduled by further Order of the assigned judicial officer.
4. With regard to criminal matters, the time period of August 1, 2022 through August 31,
2022, shall be “excluded time” under the Speedy Trial Act for purposes of determining when an
information or indictment must be filed or when a trial must commence pursuant to 18 U.S.C.
§ 3161(h)(7)(A), because the Court specifically finds that the ends of justice served by taking such
action materially outweigh the best interests of the public and any defendant in a speedy trial and
speedy indictment in view of the serious public health impact of COVID-19 as discussed herein and
in the Court’s prior General Orders. Such exclusion is necessary as to any cases scheduled for trial
during the August 1, 2022 through August 31, 2022 period in order to assure that there is a full,
unhindered, continuously serving jury venire and seated jury in every case, which is central to the
sound administration of justice. Such exclusion of time is also necessary in cases that are set for trial
outside of the August 1, 2022 through August 31, 2022 time period, as well as cases that are not yet
set for trial, in order to address the reasonably anticipated difficulties in defense counsel
communicating or visiting with clients; the difficulties that the parties are likely to face in undertaking
all of the tasks necessary to fully prepare for trial; and the inherent delay in the scheduling of further
trials as a consequence of the exclusion periods in the Court’s COVID-19 General Orders. Further,
such exclusion of time is necessary in the grand jury context due to the uncertainty surrounding the
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ability of the grand juries to form a quorum. The Court may by further Order extend the period of
exclusion as circumstances warrant, and the assigned judicial officer may by Order also do so as to
any specific proceeding.
5. The August 1, 2022 through August 31, 2022 continuances granted in criminal matters as
discussed above shall also apply to the time limits established by the Interstate Agreement on
Detainers, 18 U.S.C. app. 2, § 2 (art. III), in that the detainee shall be deemed to be “unable to stand
trial” for that period pursuant to 18 U.S.C. app. 2, § 2 (art. VI(a)).
6. As applicable, teleconference and videoconference hearings shall be permitted in
accordance with the Thirty-Ninth Order Concerning Operations of the District Court of the Virgin
Islands, Video and Teleconferences for Criminal Proceedings, entered on June 28, 2022.
7. All deadlines set by Federal or Local Rules or Court Orders, including, but not limited to,
scheduling orders in all civil and criminal cases, remain in effect unless modified by further General
Order of the Court or by Order of the assigned judicial officer. Parties are encouraged to utilize
teleconference, videoconference, and other similar means that facilitate the effective accomplishment
of assigned tasks without compromising the health and safety of those involved. Further, mediators
are authorized and encouraged to permit participation in any mediation ordered pursuant to Rule 3.2
of the Local Rules of Civil Procedure via teleconference and/or videoconference. Any dispute over
whether discovery, mediation, or other pretrial activities can be effectively and timely accomplished
in a manner consistent with applicable health guidelines may be referred to the magistrate judge for
resolution.
8. For any federal inmate released from imprisonment during the period of August 1, 2022
through August 31, 2022, the Standard Condition of Release which requires such inmates to submit
to one drug test within 15 days of release is waived.
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9. By its terms, the Thirty-Ninth Order Concerning Operations of the District Court of the
Virgin Islands, Video and Teleconferences for Criminal Proceedings, entered on June 28, 2022, shall
remain in effect for 90 days from the date of that Order, unless terminated earlier or extended.
10. This Order shall remain in effect for the period of August 1, 2022 through August 31,
2022, unless it, or any portion thereof, is modified or terminated earlier or extended by further Order
of the Court.
SO ORDERED.
Date: July 30, 2022 /s/ Robert A. Molloy_____________
ROBERT A. MOLLOY
Chief Judge
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