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UNITED STATES DISTRICT COURT
6 WESTERN DISTRICT OF WASHINGTON
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In Re:
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NEW MODIFIED COURT GENERAL ORDER NO. 04-22
9 OPERATIONS UNDER THE EXIGENT
CIRCUMSTANCES CREATED BY
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COVID-19 AND RELATED
11 CORONAVIRUS
12 This General Order replaces the procedures of General Orders 03-22, 01-22, and 16-21.
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The Court incorporates its prior findings regarding COVID-19 and the emergency declarations
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and public health guidelines as set forth in General Order 03-22.
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In the last month, the average daily number of individuals testing positive for COVID-19
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18 hospitalizations have fallen significantly. The surge of cases and hospitalizations predicted by
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local public health officials and attributed to the arrival of the Omicron variant has clearly ended.
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With the end of the Omicron surge and significant advancements in the number of
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22 vaccinated individuals and effective medical treatments for COVID-19, federal and local
23 officials across the nation have begun to lift mask requirements, social distancing requirements,
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and other preventative measures. On February 28, Governor Jay Inslee announced that state
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indoor mask requirements will be lifted as of 11:59 p.m. on March 11. This announcement was
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quickly echoed by the public health departments of King and Pierce counties, where the
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28 courthouses of this District are located.
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Given all of the above, the Court ORDERS that the procedures of General Orders 03-22,
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2 10-21 and 11-21 will expire after March 11, 2022. After that day:
3 All trials may proceed in-person unless otherwise indicated at the discretion of the
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presiding judge. Trials currently scheduled to be conducted virtually via Zoom.gov are
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not affected by this Order.
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7 All other courtroom use for civil or criminal matters may proceed at the discretion of the
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Face masks will no longer be required for any person entering the courthouse. However,
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all individuals are free to wear masks based on personal preference, informed by a
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personal risk assessment. People with symptoms, a positive test, or exposure to someone
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13 with COVID-19 should wear a mask. Witnesses testifying on the stand may be required
14 to remove their mask at the discretion of the presiding judge. Any other person speaking
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in the courtroom may be asked by the judge to temporarily remove their mask if their
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words cannot be understood by the court reporter.
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18 Given the continued risk of COVID-19 transmission, the number of persons allowed in
19 the gallery may be reduced at the discretion of the presiding judge.
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Criminal proceedings before Magistrate Judges, such as initial appearances, detention
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hearings, and arraignments, may continue to use audio and video conference technology
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at the discretion of the presiding judge. The procedures authorized under the CARES Act
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24 as set forth in General Order 14-21 will be extended another 90 days.
25 COVID-19 Conditions of Entry signs will continue to be posted at the entrances to the
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Seattle and Tacoma Courthouses. Most individuals who review the information will
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understand when it is wise, from a public health standpoint, to voluntarily not enter the
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building. However, Court Security Officers are authorized to ask if an individual has
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2 read the Conditions of Entry sign, and to deny entry to persons who confirm that they are
3 currently diagnosed with COVID-19 or have experienced COVID-19 symptoms in the
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last five days, and who therefore pose a significant risk of spreading the Coronavirus to
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the public. The CDC recommends that people wear a well-fitting mask for five days after
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their quarantine period.
8 Local Civil Rule 32 continues to include among the definitions of “Unavailable Witness”
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in FRCP 32(4)(C) the following: “concern about personal health risks from exposure to
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the COVID-19 virus.”
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In order to limit the physical exchange of documents, signatures on documents in civil
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13 and criminal proceedings conducted remotely will not be required. Instead, the Court will
14 make a record that the document has been reviewed and authorized by the signatory and
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is fully binding.
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The courthouses are open to the public for scheduled public events and tours.
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The Court sincerely hopes that this downward trend in COVID-19 cases and
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changing circumstances. The Court may reinstate COVID-19 safety measures, including the
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requirement of face masks or the temporary suspension of in-court proceedings if federal or local
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public health guidance indicates that such is necessary to protect the public.
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24 DATED this 3rd day of March, 2022.
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A
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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