Case 2:20-mc-00052 Document 14 Filed 12/04/20 Page 1 of 5 PageID #: 45
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Miscellaneous Case No. 2:20-mc-00052
ENTERED
\If
DEC 4 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 #10
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. Between July and mid-September, several jury trials and
grand jury meetings occurred throughout the district, with safety protocols in place
intended to minimize the possibility that participants may be exposed to the virus.
However, on September 18, 2020, in response to a rise in the spread of the virus in
the community, the Court issued General Order #9 continuing all jury matters until
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further notice. In addition, the grand jury meetings scheduled for the months of
September and October were continued.
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 demonstrated exponential growth well above what was
seen at the time the Court entered General Order #9. According to figures available
from the West Virginia Department of Health and Human Resources1, the number of
current hospitalizations is more than triple what it was on September 18, 2020, and
all other markers, such as daily case counts, daily case positivity percentage, and
deaths, have all shown sharp increases. All 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. Courts around the nation have struggled to conduct trial
proceedings safely in this environment.2
Given the current status of the virus spread in the community, coupled with
the increasingly strident warnings by government health officials, the Court is
mindful of the need to use a particularly 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
1 The figures quoted are available at: West Virginia Department of Health and Human Services
“Coronavirus Disease 2019” https://dhhr.wv.gov/COVID-19/Pages/default.aspx (last visited December
3, 2020).
2 See e.g. “Only 9 Trials in 9 Months: Virus Wreaks Havok on N.Y.C. Courts”
https://www.nytimes.com/2020/12/02/nyregion/courts-covid.html (New York Times, Dec. 2, 2020);
“COVID-19 Outbreak Leads to Mistrial in EDTX” https://www.law360.com/articles/1329617 (Katie
Buehler, Nov. 17, 2020).
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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. In light of these circumstances,
the Court is of the opinion that the restrictions on petit jury trials and grand jury
meetings should continue.
IT IS THEREFORE ORDERED, that this Court’s previous directive issued on
September 21, 2020 shall remain in full force and effect, and 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 selections and trials 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
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
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ORDERED that all grand jury meetings currently scheduled for the
remainder of the month of December are CONTINUED, and grand jury meetings
scheduled to be held in calendar year 2021 will be evaluated on a case-by-case basis
in light of the circumstances in the relevant community; and it is further
ORDERED that 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
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.
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4th day of December, 2020.
SO ORDERED this ___
________________________________________
THOMAS E. JOHNSTON, CHIEF JUDGE
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