IN THE UNITED STATES DISTRICT COURT
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`WACO DIVISION
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`FOR THE WESTERN DISTRICT OF TEXAS
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`§
`§
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`§ §
`
`IN RE:
`WACO DIVISION
`TRIALS
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`DIVISIONAL STANDING ORDER REGARDING TRIALS IN WACO
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`in accordance with the Western District of Texas’s Seventh
`The Waco Division,
`Supplemental Order Regarding Court Operations Under the Exigent Circumstances Created by the
`COVID—l9 Pandemic, enters the following order finding this Division may safely conduct trials:
`
`1. The Waco Division serves Bel], Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Leon,
`Limestone, McLennan, Milam, Robertson, and Somervell counties.
`
`Since the beginning of July 2020, the county in which the Waco Division sits and those
`from which it pulls jurors have seen a meaningful decline in new reported COVID-l9
`cases. For example, McLennan County—none of the densest and most populated in the
`Division—has seen a 70% drop in rolling 7-day average of daily positives. See
`https://covidwaco.com/countyl.
`According to the Center for Disease Control as of the date of this order, the Waco
`Division’s counties have approximately just 2.3% of all cases
`in Texas. See
`https://www.cdcgov/coronavirus/ZOl9-ncov/cases-updateslcounty-map.html. Indeed, the
`Waco Division counties collectively have fewer cases than do a single county in Austin
`(Travis County), San Antonio (Bexar County), and El Paso (El Paso County). Id.
`
`The Division has undertaken great efforts to ensure trials can be conducted safely. Among
`other things, the Court is prepared to mandate appropriate distancing in the courtroom and
`around the courthouse, limit the number of individuals in the courtroom, provide masks to
`jurors, supply hand sanitizer, and install plexiglass shields where beneficial and
`appropriate.
`The Division has also sought feedback from otherjudges and lawyers who have conducted
`in—person trials since the outbreak of the pandemic. That feedback has informed the
`Division’s procedures for trials.
`
`Therefore, the Division is confident that, as things stand today, it can conduct fair trials in
`a safe manner. Accordingly, bench and jury trials in the Waco Division will resume as
`early as September 1, 2020.
`
`The Chief Judge was notified of this Order on August 18, 2020.
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`It is further ORDERED, effective August 19, 2020, at 12:01 a.m., for the protection of
`court staff, litigants, attorneys, and observers, the following persons shall not enter the Waco
`Division Courthouse absent a specific order from the Court:
`
`1
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`ANCORA EX. 2004, Page 1
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`ANCORA Ex. 2004, Page 1
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`

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`1. Any person who has traveled to any of the following countries within the preceding 14 ‘
`days: People’s Republic of China, South Korea, Japan, Iran, Brazil, or Western Europe;
`
`2. Any person who has resided with, or has had close contact with, someone who has traveled
`to one of the countries listed above within the preceding 14 days;
`
`3. Any person who is currently under the direction of a iicensed healthcare professional or
`public health agency to self—quarantine;
`‘
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`4. Any person who has been diagnosed by a iicensed healthcare provider as having COVID-
`19 or has tested positive for COVID-19 by a source authorized by any State, and who has
`not obtained written verification from a licensed medical doctor, doctor of osteopathy,
`hospital, or public health agency professional that he or she is currently not contagious;
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`5. Any personwho lives with, or cares for, a person described in category 3 or 4 above; or
`6. Any person who presents currentiy having a fever, chills, persistent cough, shortness of
`breath, persistent pain or pressure in the chest, nausea, or loss of the sense of taste or smell.
`
`It is further ORDERED that any person seeking entry to the Waco Division Courthouse at
`any time may be asked by a Court Security Officer (CSO) or a member of the court staffto confirm
`that none of the exciusions listed above applies to that person.
`
`It is further ORDERED that each person, except a witness while testifying, and an attorney
`while examining a witness or making a statement to a jury, must wear an appropriate face mask or
`covering while inside the Waco Division Courthouse, uniess excused from this requirement by a
`judge, CSO, or a member of the court staff. Witnesses shall testify unmasked, and attorneys may
`speak unmasked, while maintaining social distance. Persons other than jurors must supply their
`own mask or face covering. Each person in the courthouse must foliow the instructions of the court
`staff and CSOs to aid in maintaining distance in the courthouse.
`'
`
`It is further ORDERED that all CSOs, following substantive guidance provided by this
`Order and administrative guidance from the United States Marshai for the Western District of
`Texas, shaii deny entry to anyone attempting to enter, or remain in, the Waco Division Courthouse
`in violation of these protocols. In the event of any uncertainty as to whether a person shouid he
`' denied entrance to the courthouse, the 0805 shall immediately contact the US. Marshal or the
`designated Deputy Marshal for a determination, which shall control.
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`It is finally ORDERED that, unless extended by subsequent order, these restrictions shall
`remain in place untii September 30, 2020, at 11:59 p.m., when they shall automaticaliy expire.
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`SIGNED this 18th day of August, 2020.
`
`
`
`UNITED STATES DISTRICT JUDGE
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`ANCORA EX. 2004, Page 2
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`ANCORA Ex. 2004, Page 2
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