Case 2:20-mc-00052 Document 12 Filed 09/18/20 Page 1 of 4 PageID #: 39
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Miscellaneous Case No. 2:20-mc-00052
ENTERED
f
\I
SEPT 18 2020
RORY L PERRY 11, CLERK
U.S. o;strict Court
Southern Olstrict of West Vlr lnla
IN RE: COURT OPERATIONS IN LIGHT OF
THE EXIGENT CIRCUMSTANCES
PRESENTED BY THE COVID-19 PANDEMIC
GENERAL ORDER #9
Since March 13, 2020 a series of General orders have been entered modifying
court operations in light of the exigent circumstances created by the COVID-19
pandemic. From that time through June 30, 2020, petit jury trials and most grand
jury meetings were postponed. By General Order #7 entered on June 25, 2020, petit
jury trials and grand jury matters were permitted to resume in light of the status of
the presence of COVID-19 in the community and taking into account guidance from
public health authorities. Since that time, several jury trials and grand jury
meetings have occurred throughout the district, with safety protocols in place
intended to minimize the possibility that participants may be exposed to the virus.
The Court adopts its previous findings on this matter contained in the prior
orders. The Court further finds that over the past few weeks, the presence of the
virus in the community has increased. According to figures available from the West
Case 2:20-mc-00052 Document 12 Filed 09/18/20 Page 2 of 4 PageID #: 40
Virginia Department of Health and Human Resources as well as other public health
authorities, daily positive case counts have increased significantly, hospitalizations
and deaths have increased, and a majority of the counties that comprise the
Southern District of West Virginia are considered to be at a higher risk level for
indoor in-person activities. The Court is mindful of the need to use a cautious
approach to resuming court activities, paying careful attention to the extent of
community spread. Petit jury trials and grand jury meetings, in particular, require
large groups of individuals from throughout the district to travel and assemble
indoors, often in close proximity to each other. Other court proceedings that involve
fewer individuals may continue to be conducted remotely using videoconferencing
and other technologies, or, in the discretion of the presiding judicial officer, may be
conducted in-person in accordance with social distancing and other safety guidelines.
IT IS THEREFORE ORDERED, effective September 21, 2020, that all civil
and criminal petit jury selections and trials scheduled to commence before any
district or magistrate judge in the Southern District of West Virginia are
CONTINUED until further order of the Court. Resumption of petit jury trials and
grand jury meetings will be carefully considered after reviewing the status of
community spread in the District and the recommendation of state and national
public health authorities; and it is further
ORDERED that with regard to criminal trials, due to the Court’s reduced
ability to obtain an adequate spectrum of petit jurors and the effect of the above
public health recommendations on the availability of counsel and Court staff to be
2
Case 2:20-mc-00052 Document 12 Filed 09/18/20 Page 3 of 4 PageID #: 41
present in the courtroom, the time period of the continuances 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 continuances outweigh the best
interests of the public and each defendant in a speedy trial, pursuant to 18 U.S.C.
§ 3161(h)(7)(A); and it is further
ORDERED grand jury meetings currently scheduled for the remainder of the
month of September and the month of October are CONTINUED until further order
or the Court; and it is further
ORDERED that beginning on September 21, 2020, all other civil and criminal
proceedings in the U.S. District Court for the Southern District of West Virginia,
may be conducted in-person in the discretion of the presiding judicial officer,
provided that the in-person proceeding is conducted in a manner that complies with
social distancing and other safety guidelines. The courtrooms of the district are all
marked with social distancing locations, and the presiding judicial officer has
authority and discretion to require the participants and officials who are present at
any in-person court proceeding to comply with any additional precautions that are
deemed necessary under the circumstances. Where practical, presiding judicial
officers may continue the use of existing videoconferencing and other technologies to
conduct court proceedings in accordance with prior directives of the Court; and it is
further
3
Case 2:20-mc-00052 Document 12 Filed 09/18/20 Page 4 of 4 PageID #: 42
ORDERED that the mask-wearing requirements of General Order #8 remain
in full force and effect, and the courthouse entry restrictions set forth in General
Order #2 remain in full force and effect, and it is finally
ORDERED that the United States Marshal, his Deputies, and the Court
Security Officers shall enforce this order and deny entry to those individuals not
wearing a mask.
SO ORDERED this 18th day of September, 2020.
4
