1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7 WESTERN DISTRICT OF WASHINGTON
8
In Re:
9
10 SECOND EXTENSION OF MODIFIED GENERAL ORDER NO. 08-20
COURT OPERATIONS UNDER THE
11 EXIGENT CIRCUMSTANCES
12
CREATED BY COVID-19 AND
RELATED CORONAVIRUS
13
This General Order is being issued in response to the continuing outbreak of Coronavirus
14
15 Disease 2019 (COVID-19). On March 17 and 25, 2020, the Court entered General Orders 02-20
16 and 03-20 addressing, among other things, the closing of the Seattle and Tacoma Courthouses
17
for at least 30 days and the procedures for conducting civil and criminal matters remotely. The
18
Court incorporates here its prior findings regarding COVID-19 and the state of emergency
19
declarations and public health guidelines as set forth in those prior General Orders.
20
21 On April 13, 2020, the Court continued the procedures established by General Orders 02-
22 20 and 03-20 for 30 days.
23
The Court finds that the guidance of local and national public health officials requires the
24
Courthouses to remain closed. The majority of the State of Washington, including King and
25
Pierce Counties, remains in Phase 1 of the Governor of Washington’s new Safe Start Order.
26
27 Phase 1 permits small gatherings and mainly outdoor activities. Indoor business and government
28 operations remain largely prohibited except for essential services. The Court finds that its
-1
operations are not compatible with existing social distancing and other public health restrictions.
1
2 The Court further finds that, given state and national forecasts of this pandemic, conditions may
3 be appropriate for limited in-person operations to resume Monday, August 3, 2020. This date
4
may change if there are new outbreaks of COVID-19 in the District.
5
Accordingly, the Court ORDERS that the procedures established by General Orders 02-
6
7
20 and 03-20 will be continued until July 31, 2020. All grand jury proceedings, as well as civil
8 and criminal in-person hearings and trial dates in these Courthouses scheduled to occur before
9 August 3, 2020, are continued pending further order of the Court.
10
The Court continues to find that, due to the current inability to obtain an adequate
11
spectrum of jurors and the effect of the above public health situation on the availability of
12
13 witnesses, counsel and Court staff to be present in the courtroom, the time period of the
14 continuances implemented by this General Order will be excluded under the Speedy Trial Act,
15
as the Court finds that the ends of justice served by ordering the continuances outweigh the best
16
interests of the public and any defendant’s right to a speedy trial, pursuant to 18 U.S.C.
17
§3161(h)(7)(A). For the same reasons, the Court finds under 18 U.S.C. § 3060(C) extraordinary
18
19 circumstances exist, and justice requires delay of all criminal preliminary hearings during the
20 time period of these continuances.
21
The Court further ORDERS the following procedural changes:
22
1. In order to limit the physical exchange of documents, signatures on documents in
23
24
criminal proceedings conducted remotely will not be required. Instead, the Court will
25 make a record that the document has been reviewed and authorized by the signatory
26 and is fully binding. Such documents include, but are not limited to the following:
27
a. Financial affidavits. 28 U.S.C. 1746;
28
-2
b. CJA Appointments;
1
2 c. Consents to proceed before a magistrate judge;
3 d. Appearance bonds/Orders of release;
4
e. Pleas agreements;
5
f. Judgments.
6
7
2. Effective immediately, all persons over two years of age seeking entry to, or
8 occupying, the Seattle and Tacoma Courthouses are required to wear a face covering
9 or mask at all times unless otherwise directed by the Court or a Courthouse official.
10
The face covering must completely conceal the wearer’s nose and mouth at all times.
11
If the wearer is a court employee who is alone in a private office or workspace, which
12
13 permits at least six feet of physical distance from other persons, the wearer may
14 temporarily remove the face covering. Any visitor seeking entry to the Courthouse
15
without a face covering or mask will be provided a mask by the Court. If the Court
16
is unable to provide a mask for any reason, the visitor will be asked to contact by
17
telephone the office to be visited to explore alternatives to entering the Courthouse.
18
19 The Court Security Officers shall enforce this Order and deny entry to those
20 individuals not wearing a face covering or mask.
21
Other General Orders addressing particular COVID-19 issues have not expired and need
22
not be modified at this time.
23
24
Dated this 13th day of May, 2020.
25
26
27
A
RICARDO S. MARTINEZ
28 CHIEF UNITED STATES DISTRICT JUDGE
-3
