Case 2:20-mc-00052 Document 19 Filed 06/22/21 Page 1 of 3 PageID #: 66
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Miscellaneous Case No. 2:20-mc-00052
ENTERED
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\I
JUN 22 2021
RORY L PERRY 11, CLERK
U.S. o;strict Court
Southern Olstrict of West Vlr lnla
IN RE: REVISED PROTOCOLS for
FACE COVERINGS OR MASKS
in COURTHOUSES
in the SOUTHERN DISTRICT OF WEST VIRGINIA
GENERAL ORDER #12
On July 24, 2020, the Court entered General Order #8, which required all
persons seeking entry to courthouses in the Southern District of West Virginia to
wear a face covering or mask to slow the spread of the COVID-19 pandemic in
accordance with the guidance provided by national and local public health
authorities. Since that time, vaccines have become widely available, and 48.5% of
West Virginia citizens aged eighteen and above have been fully vaccinated.1 The
Centers for Disease Control now advises that fully vaccinated individuals may
resume activities2 without wearing a mask or social distancing, except where
required by federal or state laws, rules, regulations, or workplace guidance. On June
1 A full set of vaccination statistics is available at: “West Virginia Department of Health and Human
Resources “West Virginia COVID-19” http://dhhr.wv.gov/COVID-19/Pages/default.aspx (last visited June
21, 2021).
2 Centers for Disease Control and Prevention “When You’ve Been Fully Vaccinated”
https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated.html (last visited June 21, 2021).
Case 2:20-mc-00052 Document 19 Filed 06/22/21 Page 2 of 3 PageID #: 67
20, 2021, West Virginia Governor Justice terminated3 the face covering order
applicable statewide. The Centers for Disease Control and Prevention continues to
recommend that fully vaccinated people should still wear a mask in certain
congregate settings, and prevention measures such as masks are also recommended
for unvaccinated people.4
Pursuant to General Order #11, jury trials and other in-person court
proceedings resumed effective May 3, 2021. Jury trials require large numbers of
individuals to report to the courthouse and to remain in various rooms throughout
the assembly and jury selection process, and thereafter to continue to congregate
together until the trial is concluded. Although social distancing measures are
employed, conducting jury trials requires jurors to gather in a congregate setting
that presents a mix of vaccinated and unvaccinated individuals. Accordingly, to best
protect the safety of all individuals involved in the jury trial process, masks or face
coverings will still be required to be worn by jurors, unless the presiding judge
directs otherwise.
IT IS THEREFORE ORDERED, effective immediately, that the following
persons reporting to the United States Courthouses in Charleston, Huntington,
Beckley, or Bluefield must wear a face covering or mask (“mask”): (1) any person
who has been summoned for jury duty or who is currently serving as a juror; and (2)
3 Executive Order 20-21, available at:
https://governor.wv.gov/Documents/2021%20Executive%20Orders/EO-20-21-June-18-2021.pdf (last
visited June 21, 2021).
4 Centers for Disease Control and Prevention: Recommendations for Indoor and Outdoor Settings,
https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-
guidance.html#anchor_1619526673330 (last visited June 21, 2021).
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Case 2:20-mc-00052 Document 19 Filed 06/22/21 Page 3 of 3 PageID #: 68
any person who is not fully vaccinated. The mask must always conceal the wearer’s
nose and mouth. Jurors and unvaccinated individuals must wear masks while in all
common areas of the courthouse. Masks must be worn by jurors during in-court
proceedings unless otherwise directed by the presiding judge. For unvaccinated court
employees who are in a private office or workspace that permits at least six feet of
physical distance from other persons, the wearer may temporarily remove the mask.
Fully vaccinated court employees are not required to wear masks at any place
in the courthouse but may choose to do so. Employees in a judge’s chamber must
follow the directions provided by the judge. Masks will be provided to jurors who do
not have their own, otherwise, all unvaccinated persons seeking entry to a
courthouse must provide their own mask. If an unvaccinated visitor is unable to
provide their own mask for any reason, the visitor will be asked to telephone the
office to be visited to explore alternatives to entering the courthouse; 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
ORDERED that the United States Marshal, his Deputies, and the Court
Security Officers shall enforce this order.
SO ORDERED this 22nd day of June, 2021.
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