UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`FIFTH AMENDED GENERAL ORDER 20-0012
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`July 10, 2020
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`IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY
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`Given the public health emergency arising from the COVID-19 pandemic, and consistent
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`with guidance and orders from federal executive authorities, the State of Illinois, and local
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`governments, it is hereby ORDERED:
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`Amended General Order 20-0012, entered on March 17, 2020; General Order 20-0014,
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`entered on March 20, 2020; Second Amended General Order 20-0012, entered on March 30,
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`2020; Third Amended General Order 20-0012, entered on April 24, 2020; and Fourth Amended
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`General Order 20-0012, entered on May 26, 2020, are vacated and superseded by this Fifth
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`Amended General Order. To protect the public health and welfare, the United States District
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`Court for the Northern District of Illinois hereby orders, effective July 13, 2020:
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`1. This Court remains open and accessible, subject to the limitations and procedures set
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`Court Remains Open
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`forth below.
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`Civil Cases
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`2. This Fifth Amended General Order does not extend any deadlines in civil cases.
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`3. Civil case hearings, bench trials, and settlement conferences may be scheduled and
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`conducted by the presiding judge by remote means. In-court hearings are limited to
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`urgent matters that cannot be conducted remotely.
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`4. Civil jury trials will not be conducted before August 3, 2020, and trials set to begin
`Civil jury trials will not be conducted before August 3, 2020, and trials set to begin
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`before August 3, 2020, will be reset by the presiding judge.
`before August 3, 2020, will be reset by the presiding judge.
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`Criminal Cases
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`5. The Court recognizes and respects the right of criminal defendants, particularly those in
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`pretrial detention, to a speedy and public trial under the Sixth Amendment. That said,
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`the public health emergency requires that the following procedures be implemented in
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`criminal cases:
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`a) Grand juries shall continue to meet, with reasonable limits on grand jury
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`sessions imposed by the Court in consultation with the U.S. Attorney’s
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`Office.
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`b) Under Criminal Rule 4.1, a judge may review by reliable electronic
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`means, rather than in person, a complaint, application for search
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`warrant or trap/trace/pen register, application for wiretap, or application
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`for any other warrant or order.
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`c) Under Section 15002(b)(1) of the CARES Act, Pub. L. 116-136, 134 Stat.
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`281, and until September 14, 2020, unless this provision is terminated
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`earlier, the Chief Judge of this Court authorizes the use of
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`videoconferencing, or teleconferencing if videoconferencing is not
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`reasonably available, for the following proceedings, so long as the defendant
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`gives written or verbal consent after consultation with counsel:
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`i.
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`ii.
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`iii.
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`Detention hearings under 18 U.S.C. § 3142;
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`Initial appearances under Criminal Rule 5;
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`Preliminary hearings under Criminal Rule 5.1;
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`iv. Waivers of indictment under Criminal Rule 7(b);
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`v.
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`vi.
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`Arraignments under Criminal Rule 10;
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`Probation and supervised release revocation hearings under
`Criminal Rule 32.1;
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`vii.
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`Pretrial release revocation hearings under 18 U.S.C. § 3148;
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`viii.
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`Appearances under Criminal Rule 40;
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`ix.
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`x.
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`Misdemeanor pleas and sentencings under Criminal Rule 43(b)(2); and
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`Juvenile proceedings under Title 18, Chapter 403, except for
`contested transfer hearings, juvenile delinquency adjudication, or trial
`proceedings.
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`d) A defendant who does not object to detention shall, before the scheduled
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`detention hearing, notify the presiding judge orally (through counsel) or in
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`writing that the defendant has no objection to detention. The decision to
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`not object is without prejudice to the defendant’s right to later challenge
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`detention and seek pretrial release.
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`e) Under Section 15002(b)(2)(A) of the CARES Act, and by General Order 20-
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`0022, entered on June 12, 2020, the Chief Judge found that felony pleas
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`under Rule 11 of the Federal Rules of Criminal Procedure and felony
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`sentencings under Rule 32 of the Federal Rules of Criminal Procedure cannot
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`be conducted in person in this district without seriously jeopardizing public
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`health and safety. As a result, if a judge in an individual case finds, for specific
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`reasons, that a felony plea or sentencing in that case cannot be further
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`delayed without serious harm to the interests of justice, the judge may, with
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`the consent of the defendant after consultation with counsel, use video
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`conferencing, or teleconferencing if video conferencing is not reasonably
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`available, for the felony plea or sentencing in that case. Felony plea or
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`sentencing hearings may be conducted by videoconferencing or
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`teleconferencing subject to the assigned judge making the required findings
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`under Section 15002(b)(2)(A).
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`f) The court finds that the period of any continuance entered from the date of
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`this Fifth Amended General Order through September 14, 2020, as a result
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`of this Order shall be excluded under the Speedy Trial Act, 18 U.S.C.
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`§3161(h)(7)(A). The court finds that the ends of justice served by the
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`exclusion of time outweigh the interests of the parties and the public in a
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`speedy trial given the need to protect the health and safety of defendants,
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`defense counsel, prosecutors, court staff, and the public by reducing the
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`number of in-person hearings to the greatest extent possible.
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`g) Criminal jury trials will not be conducted before August 3, 2020, and trials
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`scheduled to begin before August 3, 2020, will be reset by the presiding
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`judge. This continuance is necessary because criminal jury trials require: (i)
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`the gathering of a large number of persons in the Jury Department; (ii) at
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`least 12 jurors seated in the courtroom to hear evidence; (iii) 12 jurors to
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`deliberate in the jury room; and (iv) five to six weeks’ notice in advance of
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`trial to summon jurors. The advance-notice requirement makes any earlier
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`date impractical because it is not known what large-gathering guidelines will
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`be in place. Social-distancing guidelines might render juror participation
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`difficult or unsafe, including during juror check-in and jury selection. For these
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`same reasons, in cases impacted by this trial continuance, the Court
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`excludes time under the Speedy Trial Act through September 14, 2020,
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`because the ends of justice outweigh the interests of the parties and the
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`public in a speedy trial.
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`Emergency Relief in Any Case or from this Order
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`6. Any party may seek emergency relief in any case or from this Fifth Amended General
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`Order. Emergency motions must be filed in the case in which emergency relief is
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`sought. Any emergency motion must be filed (a) electronically via CM/ECF or (b) for
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`pro se non-e-filers, via email as outlined in Paragraph 12. If neither CM/ECF nor email
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`is available to a party, then the party may deposit the emergency motion in a
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`courthouse drop-box, mail the motion, or deliver it to the intake desk at the Clerk’s
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`Office. The emergency motion will be considered as soon as practicable by the
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`presiding judge, an emergency judge, or the Chief Judge. Case No. 20-cv-01792,
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`which is a docket created to receive emergency motions filed under earlier General
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`Orders, is now limited to emergency motions for release from pretrial or
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`presentence detention. Emergency motions for release from pretrial or presentence
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`detention must be filed on two dockets: (1) the docket of the case in which relief is
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`sought and (2) Case No. 20-cv-01792. Motions seeking modification of an imposed
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`term of imprisonment (compassionate release or a First-Step-Act sentence reduction)
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`under 18 U.S.C. § 3582(c)(1)(A) must be filed only on the docket of the criminal case.
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`7. For an emergency matter, as defined by Local Rule 77.2(a)(3), that arises during
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`business hours (Monday through Friday 7:00 a.m. through 6:00 p.m.), the party shall
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`consult the presiding judge’s website and alert the presiding judge’s courtroom deputy
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`of the filing. If an emergency matter arises outside of business hours, the party shall
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`call (312) 702-8875, leave a message describing the emergency, and provide a return
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`telephone number. The Clerk will return the call. Parties should consult the Court’s
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`website for up-to-date procedures for emergencies.
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`Clerk’s Office and Filing Options
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`8. The Clerk’s Office in the Eastern Division is open during normal business hours.
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`Filings in the Eastern Division may be: (a) electronically filed via CM/ECF; (b) deposited
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`in the drop-box in the lobby of the Dirksen Courthouse; (c) mailed to the U.S. District
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`Court Clerk’s Office, 219 South Dearborn Street, 20th Floor, Chicago, IL 60604; or (d)
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`in person at the intake counter of the Clerk’s Office located on the 20th floor of the
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`Dirksen Courthouse during business hours. If a filing is mailed by a prisoner, the
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`traditional “mail box” rule shall govern its filing date. If a filing is mailed by a non-
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`prisoner, the filing date shall be deemed to be the postmark date, subject to any party’s
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`right to move that a different date be used. No in-person deliveries of any kind may be
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`made to a judge’s chambers.
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`9. The Clerk’s Office in the Western Division is open during normal business hours.
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`Filings in the Western Division may be: (a) electronically filed via CM/ECF; (b)
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`deposited in the drop box located on the 2nd floor of the Roszkowski United States
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`Courthouse during business hours; (c) mailed to U.S. District Court Clerk’s Office, 327
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`South Church Street, Rockford, IL 61101; or (d) in person at the intake counter of the
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`Clerk’s Office located on the 2nd floor of the Roszkowski Courthouse during business
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`hours. If a filing is mailed by a prisoner, the traditional “mail box” rule shall govern its
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`filing date. If a filing is mailed by a non-prisoner, the filing date shall be deemed to be
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`the postmark date, subject to any party’s right to move that a different date be used. No
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`in-person deliveries of any kind may be made to a judge’s chambers.
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`Suspension of Local Rules 5.2(f) and 5.3(b)
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`10. The Court suspends Local Rule 5.2(f), which requires in many instances that paper
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`courtesy copies of filings be delivered to the judge, through September 14, 2020. No
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`courtesy copies may be submitted for filings unless the parties receive case-specific
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`requests for copies from the presiding judge.
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`11. The Court suspends Local Rule 5.3(b), which otherwise requires that all motions be
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`noticed for presentment. No motions may be noticed for in-person presentment;
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`the presiding judge will notify parties of the need, if any, for a hearing by electronic
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`means or in-court proceeding.
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`Email Filing Option for Pro Se Parties
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`12. The Court suspends through September 14, 2020, the prohibition against pro se parties
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`emailing their filings to the Clerk’s Office. From now through September 14, 2020, the
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`Courtwill accept filings from pro se litigants via email that comply with these
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`requirements: (a) the filing must be in PDF format; (b) the filing must be signed s/ [filer’s
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`name] or bear a handwritten signature; (c) the email must be sent to Temporary_E-
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`Filing@ilnd.uscourts.gov; (d) the email must state the party’s name, address, and
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`phone number; (e) for existing cases, the email’s subject line must read: “Pro Se Filing
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`[Insert Your Case Number]”, and for new cases, the email’s subject line must read: “Pro
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`Se Filing in New Case”. E-mails that do not comply with these requirements will not be
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`reviewed and will not be considered a proper filing.
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`Suspension of Public Gatherings
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`13. All public gatherings are suspended through September 14, 2020, at both the Everett
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`McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S.
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`Courthouse in Rockford, unless specifically authorized by the Chief Judge. This
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`includes, but is not limited to, group tours and visits, moot courts and mock trials, bar
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`group meetings, and seminars.
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`14. In-court proceedings for Second Chance reentry court, SOAR Court, Veterans
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`Treatment court, naturalization ceremonies, and Petty Offense (CVB) may be
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`scheduled by presiding judges and conducted consistently with social-distancing
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`guidelines. Court proceedings allowed by another provision of this Order may take
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`place.
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`Additional Provisions
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`15. This Fifth Amended General Order does not affect the authority of judges to enter
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`orders in any civil or criminal cases. The parties must consult individual judges’
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`websites for any modifications to the case-management requirements of thisOrder.
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`16. The Court will vacate, amend, or extend this Fifth Amended General Order no later
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`than September 14, 2020.
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`17. The Clerk of Court shall distribute this Fifth Amended General Order: by electronic
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`service on all registered CM/ECF users and by electronically posting the Order on the
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`Court’s public website. In addition, the Clerk of Court shall send a copy of this Order,
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`either electronically or by mail, to the Illinois Department of Corrections (IDOC), all
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`IDOC prison or detention facilities, the Illinois Department of HumanServices Division
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`of Mental Health Treatment and Detention Facility, and all county jails in this District;
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`the warden, sheriff, or director of each prison, jail, or detention facility is directed to use
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`reasonable means to notify persons incarcerated or detained therein of this Order and
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`to allow access to this Order. In addition, the Clerk of Court shall docket this Order in
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`each open civil and criminal case. Printed copies will not be mailed to non-CM/ECF
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`users due to the heavy burden such mailings would place on the Clerk’s Office.
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`ENTER:
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`FOR THE COURT:
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`___________________________________
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`Chief Judge
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`Dated at Chicago, Illinois this 10th day of July 2020
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