IN THE UNI'I‘ICI) S'I‘A'l'lCS DISTRICT COURT
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`FOR Till“. \VES’I‘ERN DISTRICT OF TEXAS
`WACO DIVISION
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`F l L E D
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`SEP 2 3 2020
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`§
`§
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`§ §
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`IN RIC:
`waco DIVISION
`TRIALS
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`DIVISIONAI. STANDING ORDER REGARDING TRIALS IN WACO
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`in acct'n'dance with the Western District of 'l‘esas's liighth
`the Waco Division.
`Supplemental Order Regarding:I Court Operations Under the Exigenl Circumstances Created by the
`COVID- l 9 Pandemic. enters the Following order finding this Division may safely conduct trials:
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`1. The Waco Division serves Bell. Bosque. ('oryell. Falls. Freestone. Hamilton. llill. Leon.
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`Limestone. McLennan. Milam. Robertson= and Somel‘vell counties.
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`Ix.)
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`Since the beginning ot'July 2020. the counties from which the Waco Division pullsjurors
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`have seen a meaningful decline in newly reported COVlD-W cases. The 'l'exas Department
`ot'Stale Health and Iluman Services now estimates that the Waco Division counties have
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`just 2.44% ot'the state‘s active cases. Collectively. they have tewer cases than any one ol'
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`the twelve 'l'csas counties with the highest number at estimated active cases. See
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`8h?)cate8h%§3 (last visited Sept. 22. 2020).
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`L1) The Division has undertaken great et'l‘orts to ensure trials can he conducted solely. Anions:I
`other things. the Court is prepared to mandate appropriate distancing in the courtroom and
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`around the courthouse. limit the number ol‘ individuals in the courtroom. provide l‘ace
`masks or face shields to jurors. supply hand sanitizer. and install plesiglass shields where
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`henelieial and appropriate.
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`4. The Court in this Division has also sought feedback from other judges and lawyers from
`both inside and outside this District who have conducted iii-person trials since the outbreak
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`ot'the pandemic. That feedback has informed the Division‘s procedures for trials.
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`'JI
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`therefore. the Division is conlident that. as things stand today. it can conduct l'air trials in
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`a sale manner. Accordingly. bench and jury trials in the Waco Division will resume as
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`early as October I. 2020.
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`(i. The (‘hict'Judgc \vas notiticd ol'this Order on September 22. 2020.
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`It is further ORDERED. effective September 23. 2020. at 12:01 a.m.. tor the protection of
`court stal'l'. litigants. attorneys. and observers.
`the lollowing persons shall not enter the Waco
`Division (.‘ourthouse ahsent a speci lie order from the Court:
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`I. Any person who is currently under the direction of a licensed healtheare professional or
`public health agency to self-qtatrantine:
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`2. Any person who has been diagnosed by a licensed healthcare provider as having COVID-
`19 or'has tested positive for COVID-l9 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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`3. Any person who lives with, or cares for, a person described in category I or 2 above; or
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`4. Any person who presents currently having a fever, chills, persistent cough, shortness of
`breath, persistent pain or pressure in the chest, nausea, or loss of the sense oftaste or smell.
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`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 staff to confirm .
`that none of the exclusions listed above applies to that person.
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`It is further ORDERED that each person, except a witness while testifying. and an attorney
`while examining a witness or making a statement to ajury. must wear an appropriate face mask or
`covering while inside the Waco Division Courthouse, unless 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 all social distancing protocols. Persons other thanjurors must
`supply their own mask or face covering. Each person in the courthouse must follow the instructions
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`of the court staff and C805 to aid in maintaining distance in the courthouse.
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`It is further ORDERED that all CSOs, following substantive guidance provided by this
`Order and administrative guidance from the United States Marshal for the Western District of
`Texas, shall 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 should be
`denied entrance to the courthouse, the C805 shall immediately contact the U.S. Marshal or the
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`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 until October 31, 2020, at 1 1:59 pm, when they shall automatically expire.
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`SIGNED this 23rd day of September, 2020.
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`. 09.5%.; SM
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`UNITED STATES DISTRICT JUDGE
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