THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`
`CLERK. U.S. DISTRICT COURT
`TWELFTI-l SUPPLEMENTAL ORDER REGARDINGii‘iEmEFIN 0'5““ BF TEXAS
`COURT OPERATIONS UNDER TIIE EXIGENT CIRCUMSTANCES
`D PUTY CLERK
`CREATED av THE COVlD-19 PANDEMIC
`
`FILED
`
`J AN c 7 2021
`
`This Order is being issued in response to the continued outbreak of novel coronavirus in
`the United States and the State of 'l'exas. The World Health Organization has declared that
`COVlD-19 qualifies as a global pandemic. having spread across no less than 120 countries with
`more than 20,960,000 confirmed cases in the United States. as ot'January 7, 2021 according to
`the Centers for Disease Control (CDC). The United States District Court for the Western District
`of Texas has been closely monitoring the outbreak of novel eoronavirus (which causes the
`disease designated as COVlD-l9). including careful monitoring ofthc developing guidance from
`the CDC. The CDC has described the outbreak in the United States as a "rapidly evolving
`situation" and is providing continuously updated guidance as to the appropriate community
`response to COVlD-19 as conditions worsen. The State of 'l‘exas has seen an increase in
`COVID-19 cases from 63 on March 15. 2020. to 1,843,000 as ofJanuary 7, 2021. The CDC's
`guidance includes multiple types of migration strategies generally aimed at reducing or avoiding
`exposure to infected individuals.
`
`As ofthc date ofthis Order. there have been thousands ofconftrmed cases ofcoronavirus
`within the Western District ochxas. The State of’l'exas has made a disaster declaration in
`
`response. The CDC and other public health entities have recommended social distancing as a
`means to limit further community spread ofCOVID-l 9. The Court is concerned with the health
`and safety ofthc public, Court employees. stal't'ofother entities with whom Court personnel
`interact, litigants, including defendants in criminal matters, counsel, interpreters, law
`enforcement officials, and jurors, who must work in close quarters to hear evidence and to
`deliberate.
`
`Therefore, given the continued severity ofthc risk to the persons listed above by the
`spread ofCOVlD-l‘) in the Western District of Texas, and taking into consideration matters of
`public health, while reducing the size of public gatherings and the need for travel, the Court
`orders as follows:
`
`1. All civil and criminal jury trials scheduled to begin on any date from now
`through February 28, 202i, are continued to a date to be reset by each Presiding
`Judge. Civil and criminal bench trials may proceed provided all safety provisions are
`considered. Attorneys should contact the Presiding Judges in the continued cases if
`they seek to modify any pretrial deadlines.
`
`2. Due to the Court's reduced ability to obtain an adequate spectrum ofjurors and due to
`the reduced availability of attorneys and Court staff to be present in courtrooms
`because ofthc pubiic health considerations described above, the time period ofthc
`continuanecs implemented by this Order are excluded under the Speedy Trial Act, 18
`U.S.C. § 3161(h)(7)(A). The Court linds that the ends ofjustiee served by ordering
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`these continuances outweigh the best interests of the public and each defendant's right
`to a speedy trial. In fact, the best interests of the public are served by these
`continuances.
`
`. The court recognizes that not every division within the district is similarly situated.
`The Western District of Texas is geographically large and encompasses
`approximately 93,000 square miles and 68 counties with many counties far more
`populous than others. The public health situation related to the novel coronavirus in
`each division may differ and judges in individual divisions may determine that the
`conditions in their communities safely allow for an adequate spectrum ofjurors and
`sufficient availability of attorneys. Accordingly, courts in the district may opt to
`conduct jury trials within their respective division subject to a determination, based
`upon the facts and circumstance unique to the division, that conducting jury trials
`would not compromise the health and safety of Court personnel, litigants, counsel,
`law enforcement, witnesses and jurors. Ifjudges in a specific division determine jury
`trials can be safely conducted, the most senior district judge within the relevant
`division may enter an order making those findings and resuming jury trials for the
`division despite this order and with notice to the Chief Judge.
`
`Grand Juries will continue in every division as determined and scheduled by the
`United States Attorney’s Office.
`
`.
`
`Judges may continue to hold in-person hearings, sentencing proceedings, and
`conferences, but counsel may seek relief from those matters by appropriate motions.
`The parties are encouraged to participate in sentencing hearings, detention hearings,
`and pleas and civil or criminal motion hearings and conferences by telephone or
`video. This Order does not impact any court's consideration of particular matters on
`the pleadings alone.
`
`. Magistrate Judges will continue to preside over criminal matters, such as initial
`appearances, arraignments, detention hearings, pleas, and the issuance of warrants.
`The use of video or telephone for these matters is encouraged.
`
`. Any events involving the Court that are not case-specific, including, but not limited
`to, continuing legal education courses, public tours, and administration of oaths to
`attorneys which are scheduled to occur between now and February 28, 2021, are
`hereby cancelled and will be rescheduled as appropriate. Naturalization ceremonies
`may be convened if appropriate social distancing measures can be ensured.
`
`. All of the courthouses of the Western District of Texas will remain open for business
`subject to any restrictions imposed by ajudge orjudges in each division. However,
`many employees, including some of chambers staff, will be teleworking, but they will
`be accessible by phone. Electronic filings may continue to be made through the
`CM/ECF system.
`
`. Any delivery directed to chambers shall be delivered instead to the Clerk's Office in
`each courthouse.
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`TTI-1037, Page 2
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`9. Unless vacated, modified, or extended, this Order will remain in effect through
`February 28, 2021, and will then expire.
`
`FOR THE COURT.
`
`So ORDERED and SIGNED this
`
`|
`
`day ofJanuary, 2021.
`
`%\-’\\.\
`
`ORLANDO L. GARCIA
`
`Chiernited States District Judge
`
`TTI-1037, Page 3
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