UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Miscellaneous Case No. 2:20-mc-00052
INRE: FACE COVERINGS or MASKS
in COURTHOUSES
in the SOUTHERN DISTRICT OF WEST VIRGINIA
GENERAL ORDER #14
On August 2, 2021, the Court entered General Order #13, which imposed a
m ask or face covering requirement for all persons seeking entry to courth ou ses in
the Southern District of West Virginia, in response to the presence of the COVID-19
Delta variant and guidance by the Centers for Disease Control and Prevention
(CDC). The mask requirement has been in place since that time, including during
the recent outbreak of the Omicron variant. Throughout the pandemic, the Court
has followed the guidance of public health officials when choosing how best to
implement layered safety standards while fulfilling its responsibility to continue
court operations in a manner that protects all participants.
The CDC recently established a new method1 for evaluating risk levels on a
county-by-county basis as det ermined by locality-specific factors. The CDC's
1 Centers for Disease Control and Prevention: "COVID-19 Community Levels"
h ttps ://www.cdc.gov/coronavirus/2019-ncov/science/comm unity·levels.html (Last Visited March 24,
2022).
three-tiered system a ssigns a Low, Medium, or High "COVID-19 Community Level"
to each locality and recommends universal indoor masking only in localities with a
High Community Level. As of th e date of this General Order, all the courthouses in
the Southern District of West Virginia are in areas where local conditions are located
in areas that fall into the CDC's Low Community Level category. This assessment is
consistent with information maintained2 by state public h ealth authorities, which
indicate a sustained downward trend in daily cases and hospitalizations over the
past several weeks.
Based on th e CDC's updated COVID-19 Community Level standard, and the
CDC's associated recommendations for preventative steps, IT IS ORDERED,
effective immediately, th at t he requirement that masks be worn in all common areas
of the courthouses is suspended in all four of its Divisions. Individuals may, of
course, elect to wear a mask in Court facilities b ased upon th eir own personal
preference and risk tolerance.
The suspension of th e Districtwide mask requirement does not preclude a
presiding judge-inclu ding a judge presiding over a grand jury proceeding- from
requiring masks in their own courtroom and related spaces should the judge
determine t h at such safety m easures are appropriate based on the number of people
present, the courtroom layout, current community conditions, the medical risk
factors or vaccination status of those who appear (including witnesses and lit igants
compelled to appear), or other relevant factors. For example, presiding judges may
2 West Virginia Department of Health and Human Resources: "West Virginia COVID-19 Dashboard"
https://dhhr.wv.gov/COVID-19/Pages/default.aspx (Last Visited March 24, 2022).
2
require masks during the jury assembly and selection process to ensure that the
large number of prospective jurors compelled to appear and participate in a
congregate setting feel safe and comfortable. Individual judges may also, of course,
elect to maintain mask requirements for their chambers.
All Court employees and Courthouse users should be aware that mask
requirements may be reinstated if local metrics move a Courthouse into the "High"
Community Level category or if pandemic conditions worsen and renewed safety
precautions are warranted. Although the mask requirement is suspended in all
Divisions regardless of vaccination status, employees and Courthouse users are
reminded that the CDC strongly encourages all persons, including those living and
working on Low Community Level areas, to stay up to date with their vaccines and
vaccine boosters.
Should conditions in a county where one of our Courthouses is located worsen
to the point where that county falls into the CDC's High Community Level category,
the Chief Judge may: (1) address the matter by issuing a General Order reinstating
a mask requirement; or (2) upon consultation with the Judges involved, elect instead
to post Division-specific signs at Courthouse entrances and notify all local employees
that masks will be temporarily required in the impacted Division. If this General
Order conflicts with posted signs establishing Courthouse entry requirements, the
posted entry requirements will control; and it is further
ORDERED that the courthouse entry restrictions set forth in General Order
#2 remain in full force and effect, and it is finally
3
ORDERED that the United States Marshal, his Deputies, and the Court
Security Officers shall enforce this order.
SO ORDERED this 25th day of March, 2022.
4
