UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`ADMINISTRATIVE ORDER 2021-33
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`IN RE: CORONAVIRUS PUBLIC EMERGENCY
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`CW
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`Apr 6, 2021
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`MIA
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`NINTH ORDER CONCERNING JURY TRIALS AND OTHER PROCEEDINGS
`This Order is issued in conjunction with Administrative Orders 2021-12, 2020-76,2020-53,
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`2020-41, 2020-33, 2020-24, 2020-21 and 2020-18 which limited in-court appearances and
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`continued all jury matters.
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`THEREFORE, theUnited States District Court for the Southern District of Florida hereby
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`issues the following order:
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`1.
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`All persons entering any federal courthouse facility within the Southern District of
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`Florida must wear a face mask at all times unless otherwise directed by the Court. Face
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`masks may not contain exhalation valves or vents. The only exceptions to the face mask
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`requirement are for a medical condition that precludes an individual from wearing a face
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`mask and children under two (2) years of age.
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`2.
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`All persons entering any federal courthouse facility within the Southern District of
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`Florida must maintain a social distance of at least 6’ apart unless they are members of the
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`same household.
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`3.
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`All persons entering any federal courthouse facility within the Southern District of
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`Florida may be subject to screening.
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`4.
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`All persons using the elevators in any federal courthouse facility within the Southern
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`District of Florida shall abide by social distancing signage posted at the elevator entrance
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`unless the individuals in the elevator are members of the same household.
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`Petitioner Kiosoft Exhibit 1010
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`5.
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`The United States Courthouses in Miami, Fort Lauderdale, West Palm Beach, Fort
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`Pierce, and Key West, including Bankruptcy Court and Probation, will remain open for
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`business, with reduced staffing, to a level to maintain essential operations, consistent with
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`Administrative Order 2020-20 and subject to the following limitations.
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`6.
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`Jury trials in the Southern District of Florida scheduled to begin on or after March 30,
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`2020, are continued until July 6, 2021, excluding preselected Pilot jury trials which will
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`proceed as scheduled by the presiding Judge. The Court may issue other Orders concerning
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`future continuances as necessary and appropriate.
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`7.
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`All trial-specific deadlines in criminal cases scheduled to begin before July 6, 2021,
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`are continued pending further Order of the Court. Individual judges may continue trial-
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`specific deadlines in civil cases in the exercise of their discretion.
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`8.
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`Individual judges presiding over criminal proceedings may take such actions
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`consistent with this Order as may be lawful and appropriate to ensure the fairness of the
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`proceedings and preserve the rights of the parties.
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`9.
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`The Court is cognizant of the right of criminal defendants to a speedy and public trial
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`under the Sixth Amendment, and the particular application of that right in cases involving
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`defendants who are detained pending trial. Any motion by a criminal defendant seeking an
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`exception to this Order in order to exercise that right should be directed to the District Judge
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`assigned to the matter in the first instance; provided, however, that no such exception may be
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`ordered without the approval of the Chief Judge after consultation with the Court.
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`10.
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`The time period of any continuance entered as a result of this Order shall be excluded
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`under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), as the Court finds that the ends of
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`justice served by taking that action outweigh the interests of the parties and the public in a
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`speedy trial. Absent further Order of the Court or any individual judge, the period of
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`Petitioner Kiosoft Exhibit 1010
`Page 2
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`exclusion shall be from March 30, 2020, to July 6, 2021. The Court may extend the period
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`of exclusion as circumstances may warrant. This Order and period of exclusion are
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`incorporated by reference as a specific finding pursuant to 18 U.S.C. § 3161(h)(7)(A) in the
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`record of each pending case where the Speedy Trial Act applies. See Zedner v. United
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`States, 547 U.S. 489, 506–07 (2006). The period of exclusion in this Court’s prior
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`Administrative Orders on this subject (2021-12, 2020-76, 2020-53, 2020-41, 2020-33,
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`2020-24, 2020-21 and 2020-18) are likewise incorporated by reference as a specific finding
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`pursuant to 18 U.S.C. § 3161(h)(7)(A) in the record of each pending case where the Speedy
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`Trial Act applies.
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`11.
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`Individual judges may continue to hold hearings, conferences, and bench trials in the
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`exercise of their discretion, consistent with this Order.
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`12.
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`Judges are strongly encouraged to conduct court proceedings by telephone or video
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`conferencing where practicable.
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`13.
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`Criminal matters before Magistrate Judges, such as initial appearances, arraignments,
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`detention hearings, and the issuance of search warrants, shall continue to take place in the
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`ordinary course.
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`14. All grand jury sessions in the Southern District of Florida resumed on November
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`16, 2020, with no more than two grand jury sessions per week. The U.S. Attorney’s Office
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`and Clerk of Court will continue to safely convene no more than two grand jury sessions
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`per week until further Order. The Court may issue other Orders concerning future
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`continuances, or additional grand jury sessions, as necessary and appropriate.
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`15.
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`This Court’s most recent Administrative Order on the Coronavirus pandemic (2021-
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`12) states that, although the Speedy Trial Act requires an information or indictment charging
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`an individual with the commission of an offense to be filed within thirty (30) days from the
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`Petitioner Kiosoft Exhibit 1010
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`date on which such individual was arrested or served with a summons in connection with
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`such charges, the period from March 26, 2020, until July 6, 2021, is excluded pursuant to
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`18 U.S.C. § 3161(h)(7)(A) and (B)(iii). The Court is cognizant of the right of criminal
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`defendants to a speedy and public trial under the Sixth Amendment, and the particular
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`application of that right in cases involving defendants who are detained pending trial.
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`Nonetheless, this Court found that the ends of justice served by excluding this time
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`outweighed the interests of the parties and the public in a speedy trial because the absence
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`of grand jury sessions made it unreasonable to expect the return and filing of an indictment
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`within the period set forth in 18 U.S.C. § 3161(b). Likewise, the Court finds that the ends
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`of justice are served by extending again this period of exclusion, and outweigh the interests
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`of the parties and the public in a speedy trial. As stated above, this Court has authorized
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`the resumption of only two grand jury sessions per week; ordinarily, according to the U.S.
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`Attorney’s Office, there are eleven. Additionally, according to the U.S. Attorney’s Office,
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`it must present approximately 150 matters to a grand jury for indictment, plus new arrests.
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`Given the limited availability of grand jury resources and continued exigent circumstances
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`created by the pandemic, the Court finds that it remains generally unreasonable to expect
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`the return and filing of an indictment within the period set forth in 18 U.S.C. § 3161(b), and
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`an additional period of exclusion will promote the safe and orderly administration of justice.
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`The additional period of exclusion shall be for the period from March 15, 2021, until July
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`6, 2021. The Court may shorten or extend the period of exclusion as circumstances warrant.
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`Any individual judge may enter an Order modifying this additional period of exclusion for
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`any particular case, including upon motion by any party. This Order and period of exclusion
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`are incorporated by reference as a specific finding pursuant to 18 U.S.C. § 3161(h)(7)(A)
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`in the record of each pending case where the Speedy Trial Act applies. See Zedner v. United
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`Petitioner Kiosoft Exhibit 1010
`Page 4
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`States, 547 U.S. 489, 506–07 (2006).
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`16. All judicial naturalization ceremonies in the Southern District of Florida will be held
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`remotely or by video conference.
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`17.
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`The Clerk’s Office, Probation, the Bankruptcy Court, and all other Court services
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`shall remain open with reduced staffing, at a level to maintain essential operations, consistent
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`with Administrative Order 2020-20.
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`This Order shall remain in effect until further Order of the Court.
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`DONE AND ORDERED in Chambers at Miami, Miami-Dade County, Florida, this ____
`6th
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`day of April, 2021.
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`c:
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`____________________
`______________________________________
`K. MICHAEL MOORE
`CHIEF UNITED STATES DISTRICT JUDGE
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`Honorable William H. Pryor, Jr., Chief Judge, Eleventh Circuit
`All Southern District Judges, Bankruptcy and Magistrate Judges
`James Gerstenlauer, Circuit Executive, Eleventh Circuit
`Juan Antonio Gonzalez, Acting United States Attorney
`Gadyaces Serralta, United States Marshal
`Michael Caruso, Federal Public Defender
`Angela E. Noble, Court Administrator • Clerk of Court
`Joe Falzone, Clerk, Bankruptcy Court
`Consuelo Irimia, Chief Probation Officer
`Library
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`5
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`Petitioner Kiosoft Exhibit 1010
`Page 5
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