Court filing
Exhibit A, General Order No. 08-20, Western District of Washington — United States v. Shibley (Document 80-1)
Summary
Exhibit A, filed 2021-10-08 as Document 80-1 in United States v. Eric Shibley, 2:20-cr-00174-JCC, is General Order No. 08-20, In Re: Second Extension of Modified Court Operations Under the Exigent Circumstances Created by COVID-19, of the Western District of Washington. The order states that the procedures established by General Orders 02-20 and 03-20 will be continued until July 31, 2020, and that in-person hearings and trial dates scheduled to occur before August 3, 2020 are continued pending further order. It also states that persons over two years of age seeking entry to the Seattle and Tacoma Courthouses are required to wear a face covering or mask. The order is dated the 13th day of May, 2020, and the signature block names Ricardo S. Martinez, Chief United States District Judge.
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Record facts
| Court | U.S. District Court for the Western District of Washington |
|---|---|
| Filed | 2021-10-08 |
Cite this document
“Exhibit A, General Order No. 08-20, Western District of Washington — United States v. Shibley (Document 80-1).”
U.S. District Court for the Western District of Washington, No. 2:20-cr-00174-JCC, Doc. 80-1, filed 2021-10-08. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-shibley-wawd-290911/2021-10-08-motion-doc-80-1/
, SHA-256 b9748ce7a5fc74a3492922f1bec8c03a4af5d310d23bf4a6e92b7d0f07d38800.Full text
Exhibit A Case 2:20-cr-00174-JCC Document 80-1 Filed 10/08/21 Page 1 of 4 - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON In Re: SECOND EXTENSION OF MODIFIED COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS GENERAL ORDER NO. 08-20 This General Order is being issued in response to the continuing outbreak of Coronavirus Disease 2019 (COVID-19). 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 state of 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. The Court finds that the guidance of local and national public health officials requires the Courthouses to remain closed. The majority of the State of Washington, including King and Pierce Counties, remains in Phase 1 of the Governor of Washington’s new Safe Start Order. Phase 1 permits small gatherings and mainly outdoor activities. Indoor business and government operations remain largely prohibited except for essential services. The Court finds that its Case 2:20-cr-00174-JCC Document 80-1 Filed 10/08/21 Page 2 of 4 - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 operations are not compatible with existing social distancing and other public health restrictions. The Court further finds that, given state and national forecasts of this pandemic, conditions may be appropriate for limited in-person operations to resume Monday, August 3, 2020. This date may change if there are new outbreaks of COVID-19 in the District. Accordingly, the Court ORDERS that the procedures established by General Orders 02- 20 and 03-20 will be continued until July 31, 2020. All grand jury proceedings, as well as civil and criminal in-person hearings and trial dates in these Courthouses scheduled to occur before August 3, 2020, are continued pending further order of the Court. The Court continues to find that, due to the current inability to obtain an adequate spectrum of jurors and the effect of the above public health situation on the availability of witnesses, counsel and Court staff to be present in the courtroom, the time period of the continuances implemented by this General Order will be excluded under the Speedy Trial Act, as the Court finds that the ends of justice served by ordering the continuances outweigh the best interests of the public and any defendant’s right to a speedy trial, pursuant to 18 U.S.C. §3161(h)(7)(A). For the same reasons, the Court finds under 18 U.S.C. § 3060(C) extraordinary circumstances exist, and justice requires delay of all criminal preliminary hearings during the time period of these continuances. The Court further ORDERS the following procedural changes: 1. In order to limit the physical exchange of documents, signatures on documents in 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 the following: a. Financial affidavits. 28 U.S.C. 1746; Case 2:20-cr-00174-JCC Document 80-1 Filed 10/08/21 Page 3 of 4 - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. CJA Appointments; c. Consents to proceed before a magistrate judge; d. Appearance bonds/Orders of release; e. Pleas agreements; f. Judgments. 2. Effective immediately, all persons over two years of age seeking entry to, or occupying, the Seattle and Tacoma Courthouses are required to wear a face covering or mask at all times unless otherwise directed by the Court or a Courthouse official. The face covering must completely conceal the wearer’s nose and mouth at all times. If the wearer is a court employee who is alone in a private office or workspace, which permits at least six feet of physical distance from other persons, the wearer may temporarily remove the face covering. Any visitor seeking entry to the Courthouse without a face covering or mask will be provided a mask by the Court. If the Court is unable to provide a mask for any reason, the visitor will be asked to contact by telephone the office to be visited to explore alternatives to entering the Courthouse. The Court Security Officers shall enforce this Order and deny entry to those individuals not wearing a face covering or mask. Other General Orders addressing particular COVID-19 issues have not expired and need not be modified at this time. Dated this 13th day of May, 2020. A RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE Case 2:20-cr-00174-JCC Document 80-1 Filed 10/08/21 Page 4 of 4
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