UNITED STATES DISTRICT COURT
DISTRICT OF VERMONT
In re: Court Operations under the Exigent U.S. DISTRICT COURT
DISTRICT OF VERMONT
Circumstances created by COVID-19 and FILED
Related Coronavirus Health Conditions APRIL 28, 2020
GENERAL ORDER NO. 89
This General Order No. 89 supersedes General Order No. 86 dated March 23, 2020. It extends
the procedures, restrictions, and deadlines under which the District Court and the Bankruptcy
Court will operate while emergency measures necessary to reduce the spread of the COVID-19
infection remain in place.
I. Criminal Cases
1. The CM/ECF system remains open for motions and other filings in criminal cases.
2. As outlined in General Order No. 88, the court has authorized the use of video and
telephone conferencing in light of the COVID-19 emergency. Individual judges will
schedule video or telephonic hearings at their discretion.
3. All misdemeanor, CVB violations, and petty offense hearings scheduled through May 29,
2020 are continued. New dates for these cases shall be rescheduled without the need to
file any motions with the court.
4. Court-ordered deadlines in criminal cases will need to be revised in many cases. Counsel
shall communicate and submit revised scheduling orders on a case-by-case basis as
appropriate. Scheduling orders now in place remain in effect until further order of the
court.
5. Waiver of appearance
With the assistance of counsel, a defendant may waive his or her appearance at any
proceeding, including the initial appearance. In the event of a waiver, the judge will enter
an order on the basis of the papers filed in the case.
6. Conditions of release
The court will continue to set conditions of release for defendants released prior to trial or
sentencing and to modify these upon motion. A defendant may acknowledge his or her
receipt and understanding of conditions of release by signing a statement that he or she
has received, read and understands the conditions.
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7. In cases in which a sentence of additional incarceration is unlikely, a judge may permit a
defendant who is released to proceed to sentencing in a video or telephonic hearing
following execution of a waiver of appearance.
8. All grand jury proceedings in this District remain postponed until May 21, 2020.
Compliance with subpoenas where appropriate may be accomplished by electronic
means. Further postponement will be ordered as necessary.
9. As previously ordered in ¶ 4 of General Order No. 85, the time period of the
postponements implemented by this Order will be excluded under the Speedy Trial Act,
as the court specifically finds that the ends of justice served by ordering the
postponements outweighs the best interests of the public and any defendant’s right to a
speedy trial, pursuant to 18 U.S.C. § 3161(h)(7)(A). The 30-day period for indictment
pursuant to 18 U.S.C. § 3161(b) is also subject to this exclusion.
10. Any person in the custody of the U.S. Marshal’s Service shall wear a protective mask as
directed by USMS during transport, holding in the courthouse, or appearance in the
courtroom. Any member of the USMS shall wear appropriate protective clothing and
equipment while accompanying a person in custody.
II. Civil Cases
1. The CM/ECF system remains open for motions and other filings in civil cases.
2. The judges will consider the majority of motions on the papers without conducting a
hearing. If a hearing is necessary, it will be conducted by a video or telephonic hearing.
The judge will make a case-by-case determination of whether a motion hearing requiring
evidence will be conducted by a remote hearing or on the basis of the written filings.
3. Parties and their attorneys remain free to request an in-person motion hearing if evidence
is required as in the case of a preliminary injunction. Such requests will be resolved on a
case-by-case basis by the assigned judge.
4. Civil trials are postponed at this time except as specifically scheduled by the court.
5. Depending on the length of the current emergency and its effect in particular cases,
counsel are encouraged to communicate and submit joint revised discovery schedules
which reflect the needs of their cases. In the absence of a motion or joint proposal, the
existing pre-trial order remains in effect.
III. Bankruptcy
1. The CM/ECF system remains open for bankruptcy filings and motions.
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2. The court will decide matters on the papers whenever possible, expand the circumstances
under it will waive parties’ appearances, and address any matters which require a hearing
via a video or telephonic hearing. The court will schedule an in-person hearing only
under emergency circumstances and upon a showing that there is no sufficient
alternative.
IV. Probation and Pretrial Services
The United States Probation and Pretrial Services Office will continue to supervise
individuals as ordered by the Court. The Office will continue to prepare pre-sentence
reports although procedures for interviews of defendants may be modified at the discretion of
the Chief Probation Officer.
V. Entry to the courthouse
The Burlington courthouse remains open subject to the exclusion of certain high-risk
individuals described below. The Rutland courthouse will open only for the purpose of
holding an emergency court hearing. In-person visits are discouraged unless absolutely
necessary. In the event of a hearing, the courtroom remains open to the public.
The court will continue to post a notice excluding people at elevated risk of spreading the
COVID-19 infection. This group now includes:
All persons who have traveled internationally within the last 14 days;
All persons who have come into contact with someone who suffers from the COVID-
19 virus or is suspected of being infected.
All persons who have been asked to self-quarantine by any doctor, hospital, or
healthcare provider.
All persons with an elevated temperature or other signs of a viral infection.
To ensure the implementation of this provision, the Court Security Officers are authorized to
screen any visitors entering the courthouses and shall deny entry to anyone attempting to
enter in violation of this General Order.
The public computer terminals in the Clerk’s offices will continue to not be accessible.
Litigants may telephone the Clerk’s Offices for each court unit to obtain information and
to request necessary copies of documents from each litigant’s case file. Electronic dockets
continue to be accessible through PACER.
Although the public intake counters are closed to the public, the judges and court staff are
working full time on the cases pending before each court unit. During regular business
hours, court employees will telework, process court filings, issue orders, schedule
hearings, and be available to answer telephone calls from the public and bar. Court
employees will perform other specified duties at the courthouse as required to support any
scheduled hearings.
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VI. Naturalization Ceremonies
All naturalization ceremonies scheduled through May 29, 2020 are postponed and will be
rescheduled.
VII. Expiration of this Order
The Court will monitor the Covid-19 emergency and the guidance offered by the CDC and
the Vermont Department of Health and make necessary adjustments in the interest of public
health and the administration of justice. The Court will vacate, extend or amend this order no
later than May 29, 2020.
SO ORDERED this 28th Day of April, 2020.
/s/ Geoffrey W. Crawford
Chief Judge
U. S. District Court
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