Exhibit B — General Order No. 10-21, Western District of Washington (Doc. 80-2, United States v. Shibley)

Summary

The Western District of Washington issued General Order No. 10-21, In Re: New Modified Court Operations Under the Exigent Circumstances Created by COVID-19 and Related Coronavirus, dated June 30, 2021, attached as Exhibit B (Document 80-2, filed October 8, 2021) in Case 2:20-cr-00174-JCC. The order states that the procedures of General Order 18-20 will no longer be continued and that in-person hearings and trials may proceed as scheduled. It states that face masks will no longer be required for fully vaccinated individuals and that the Court will not ask for proof of vaccination, while individuals not fully vaccinated must continue to wear masks. The order closes with the name of Ricardo S. Martinez, Chief United States District Judge.

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Exhibit B 
 
Case 2:20-cr-00174-JCC     Document 80-2     Filed 10/08/21     Page 1 of 5

 
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UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF WASHINGTON 
 
In Re: 
 
NEW MODIFIED COURT 
OPERATIONS UNDER THE EXIGENT 
CIRCUMSTANCES CREATED BY 
COVID-19 AND RELATED 
CORONAVIRUS 
 
 
 
 
 
GENERAL ORDER NO. 10-21  
 
This General Order will address a change in Court policies given the significant reduction 
in the number of Coronavirus Disease 2019 (COVID-19) cases in this District.  On March 17 and 
25, 2020, the Court entered General Orders 02-20 and 03-20 addressing, among other things, the 
closing of the Seattle and Tacoma Courthouses for at least 30 days and the procedures for 
conducting civil and criminal matters remotely.  The Court incorporates here its prior findings 
regarding COVID-19 and the emergency declarations and public health guidelines as set forth in 
those prior General Orders. 
On April 13, 2020, the Court continued the procedures established by General Orders 02- 
20 and 03-20 for 30 days.  Further continuances were issued on May 13, July 30, September 4, 
October 2, December 30, 2020, and March 19, 2021.  
In the last three months, the daily number of COVID-19 positive cases, hospitalizations, 
and deaths have significantly decreased in the Western District of Washington.  State records 
show that a significant majority of adults in this district have now been fully vaccinated against 
the novel Coronavirus.  All available research indicates that widely available vaccines provide 
significant protection against this disease.  The Governor of the State of Washington has stated 
that the State will “reopen” after June 30, 2021. 
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Given all of this, the Court ORDERS that the procedures of General Order 18-20 will no 
longer be continued.  All civil, criminal, and bankruptcy in-person hearings and trials may 
proceed as scheduled.  The courthouses are open to the public. 
Serious health risks remain for unvaccinated individuals.  The Court is particularly 
concerned by the rising numbers of “Delta variant” cases of the novel Coronavirus, which 
research shows to be more contagious.  This variant has been cited as a reason for lockdowns and 
renewed masking requirements in Los Angeles County and other locations.  To protect 
unvaccinated individuals and to avoid contributing to the spread of the virus, the Court will 
continue to implement certain health and safety procedures. 
All individuals are encouraged to wear a face mask in the public and common areas of 
the courthouses. 
Face masks will no longer be required for fully vaccinated individuals.  Fully vaccinated 
individuals are those who have completed the course of their vaccination as set forth by the CDC.  
The Court will not ask for proof of vaccination.  Such individuals may choose to continue to wear 
a mask based on preference or health concerns, but may be asked by the judge to remove their 
mask in the courtroom if they are participating in court proceedings. 
All individuals who have not been fully vaccinated for whatever reason must continue to 
wear masks covering their nose and mouth and observe social distancing in the courthouses and 
courtrooms except as authorized by individual judges in courtroom proceedings.  Children under 
the age of two are not required to wear face masks.  Individuals who cannot wear a face mask for 
health reasons may wear a face shield. 
COVID-19 Conditions of Entry signs will be posted at the entrances to the Seattle and 
Tacoma Courthouses.  Most individuals who review the information will understand when it is 
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wise, from a public health standpoint, to voluntarily not enter the building. However, Court 
Security Officers are authorized to ask if an individual has read the Conditions of Entry sign, and 
to deny entry to persons who confirm that they are currently diagnosed with COVID-19 or have 
experienced COVID-19 symptoms in the last 10 days, and who therefore pose a significant risk 
of spreading the Coronavirus to the public. 
Individual judges may continue trial based on unique health considerations raised in those 
cases.  
Civil bench and jury trials may be conducted remotely over Zoom.gov if good cause is 
established for such a procedure on a case-by-case basis, at the discretion of individual judges. 
In order to limit the physical exchange of documents, signatures on documents in civil 
and criminal proceedings conducted remotely will not be required.  Instead, the Court will make 
a record that the document has been reviewed and authorized by the signatory and is fully 
binding. Such documents include, but are not limited to: 
a. Financial affidavits (28 U.S.C. 1746); 
b. CJA Appointments; 
c. Consents to proceed before a magistrate judge; 
d. Waiver of in-person hearings in criminal matters; 
e. Appearance bonds/Orders of release; 
f. Plea agreements; 
g. Jury verdicts; and 
h. Judgments. 
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Local Civil Rule 32 continues to include among the definitions of “Unavailable Witness” 
in FRCP 32(4)(C) the following: “concern about personal health risks from exposure to the 
COVID-19 virus.” 
The Court will revisit these procedures prior to October 1, 2021. 
DATED this 30th day of June, 2021. 
 
A 
RICARDO S. MARTINEZ 
CHIEF UNITED STATES DISTRICT JUDGE 
 
 
Case 2:20-cr-00174-JCC     Document 80-2     Filed 10/08/21     Page 5 of 5

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