UNITED STATES DISTRICT COURT
DISTRICT OF VERMONT
FILED
U.S. DISTRICT COURT
In re: Plan for the Resumption of DISTRICT OF VERMONT
MAY 15, 2020
Certain Court Operations
GENERAL ORDER NO. 90
In light of the COVID-19 emergency, the court reduced on-site hearings and staff activities at the
Burlington and Rutland courthouses. Much of the work of the court continued through remote
means, including video and telephone hearings. See General Order No. 89. With the gradual
resumption of activities across Vermont, the court adopts the following plan to govern hearings
and other court functions effective May 18, 2020.
1. Courthouse access
The courthouse is open for visits by attorneys and members of the public. All persons, including
visitors, judges, court staff, and employees of other agencies located within the courthouse, shall
wear masks while in public spaces. The only exception shall be for a witness during his or her
testimony. The court will provide witnesses with a transparent face-shield. Disposable masks
will be available at the entrances. More information about masks is available through the mask
policy adopted by the Court Security Committee. A copy is attached to this plan.
2. Public counter
The public counter, including the public CM/ECF terminal, will be open from 10:00am –
2:00pm, Monday through Friday.
3. Cleaning
Cleaning of public spaces will be increased. In cooperation with the General Services
Administration, the court will wipe down shared surfaces such as attorney tables, the podium,
and, if used, the witness box between hearings. The public counter and terminal will be cleaned
as frequently as possible.
4. No entry for symptomatic people
A person who is experiencing symptoms which may be related to COVID-19 illness shall not
enter the courthouse. This directive includes visitors and employees. These symptoms include
elevated temperature, cough, sneezing or other respiratory symptoms, nausea, tightness of the
chest or difficulty breathing. The court will post signs at the entrances to inform visitors of these
restrictions.
5. Appearance by video or telephone
With the consent of the defendant, appearance by video or telephone remains available for
criminal hearings unless the presiding judge orders otherwise. These hearings include initial
appearance, arraignment, detention hearings, revocation hearings, evidentiary hearings with a
small number of witnesses, changes of plea and sentencings. Counsel shall discuss these
arrangements directly with chambers on a case by case basis.
6. Courthouse schedule
At the judgment and discretion of individual judges, in-person hearings in criminal and civil
cases may resume on a limited basis in Burlington after May 25, 2020 and in Rutland after June
8, 2020. Hearings by video and telephone will be conducted as often as possible.
7. Trials
Except as ordered by the presiding judge in a particular case, no civil or criminal trials will be
scheduled before September 1, 2020. The presiding judge retains discretion to schedule a trial
before that date.
Before any trial, the court will enter an order tailored to the needs of the case concerning
measures to reduce the risk of infection to all participants. This order will follow detailed
planning with the attorneys and may include provisions for video or deposition testimony,
stipulated exhibits, and seating within the courtroom.
8. Detained defendants
To the extent possible, defendants who are detained before trial or sentencing will be separated
within the courthouses depending on the detention facility where they are housed. Chambers and
the U.S. Marshal Service will cooperate to make sure that populations from different facilities
are not mixed. Like other visitors to the courthouse, defendants will wear masks in public spaces
and shall be subject to the restrictions set forth in paragraph 4.
The USMS shall have discretion to arrange for attorney-client conferences in private settings
with appropriate barriers such as plexiglass shields between a defendant and his or her attorney.
Dated at Burlington, in the District of Vermont, this 15th day of May, 2020.
________________________
Geoffrey W. Crawford
Chief Judge
