THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
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`'ilf'ii' CLERK
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`TENTH SUPPLEMENTAL ORDER REGARDING
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`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
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`CREATED BY THE COVlD—l‘) PANDEMIC
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`This Order is being issued in response to the continued outbreak of novel coronavirus in
`the United States and the State of Texas. The World Health Organization has declared that
`COVID-t‘) qualities as a global pandemic. having spread across no less than 120 countries with
`more than 1 1,136,000 confirmed cases in the United States. as ot'November 18, 2020 according
`to the Centers for Disease Control (CDC). The United States District Court for the Western
`District of Texas has been closely monitoring the outbreak of novel coronavirus (which causes
`the disease designated as COVlD-l‘J). including careful monitoring of the developing guidance
`from the CDC. The CDC has described the outbreak in the United States as a "rapidly evolving
`situation" and is providing continuously updated guidance as to the appropriate community
`response to COVID—19 as conditions worsen. The State of Texas has seen an increase in
`COVlD-19 cases from 63 on March 15. 2020, to 1.027.000 as of November 18. 2020. The
`CDC'S guidance includes multiple types of migration strategies generally aimed at reducing or
`avoiding exposure to infected individuals.
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`As of the date of this Order, there have been thousands of confirmed cases of coronavirus
`within the Western District of Texas. The State of Texas has tnade a disaster declaration in
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`response. The CDC and other public health entities have recommended social distancing as a
`means to limit further community spread of COVID- l (J. The Court is concerned with the healtlt
`and safety of the public. Court employees. staffof other entities with whom Court personnel
`interact, litigants, including defendants in criminal matters, counsel, interpreters, law
`enforcement officials. and jurors, who tnust work in close quarters to hear evidence and to
`deliberate.
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`Therefore. given the continued severity ofthc risk to the persons listed above by the
`spread of COVID-l9 in the Western District of'l'exas. and taking into consideration matters of
`public health. while reducing the size of public gatherings and the need for travel. the Court
`orders as follows:
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`1. All civil and criminaljury trials scheduled to begin on any date from now
`through December 31, 2020, are continued to a date to be reset by each Presiding
`Judge. Civil and criminal bench trials ntay proceed provided all safety provisions are
`considered. Attorneys should contact the Presiding Judges in the continued cases if
`they seek to modify any pretrial deadlines.
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`2. Due to the Court's reduced ability to obtain an adequate spectrum ofjurors and due to
`the reduced availability of attorneys and Court staff to be present in courtrooms
`because of the public health considerations described above, the time period ofthc
`continuances implemented by this Order are excluded under the Speedy Trial Act. 18
`[ISO § 3161(11)(7)(A). The Court finds that the ends ofjustice served by ordering
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`these continuances outweigh the best interests of the public and each defendant's right
`to a speedy trial. In fact, the best interests of the public are served by these
`continuances.
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`. The court recognizes that not every division within the district is similarly situated.
`The Western District of Texas is geographically large and encompasses
`approximately 93,000 square miles and 68 counties with many counties far more
`populous than 'others. The public health situation related to the novel coronavirus in
`each division may differ and judges in individual divisions may determine that the
`conditions in their communities safely allow for an adequate spectrum ofjurors and
`sufficient availability of attorneys. Accordingly, courts in the district may opt to
`conduct jury trials within their respective division subject to a determination, based
`upon the facts and circumstance unique to the division, that conducting jury trials
`would not compromise the health and safety of Court personnel, litigants, counsel,
`law enforcement, witnesses and jurors. Ifjudges in a specific division determine jury
`trials can be safely conducted, the most senior district judge within the relevant
`division may enter an order making those findings and resuming jury trials for the
`division despite this order and with notice to the Chief Judge.
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`Grand Juries will continue in every division as determined and scheduled by the
`United States Attomey’s Office.
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`.
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`Judges may continue to hold in-person hearings, sentencing proceedings, and
`conferences, but counsel may seek relief from those matters by appropriate motions.
`The parties are encouraged to participate in sentencing hearings, detention hearings,
`and pleas and civil or criminal motion hearings and conferences by telephone or
`video. This Order does not impact any court's consideration of particular matters on
`the pleadings alone.
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`. Magistrate Judges will continue to preside over criminal matters, such as initial
`appearances, arraignments, detention hearings, pleas, and the issuance of warrants.
`The use of video or telephone for these matters is encouraged.
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`. Any events involving the Court that are not case—specific, including, but not limited
`to, continuing legal education courses, public tours, and administration of oaths to
`attorneys which are scheduled to occur between now and December 31, 2020, are
`hereby cancelled and will be rescheduled as appropriate. Naturalization ceremonies
`may be convened if appropriate social distancing measures can be ensured.
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`. All of the courthouses of the Western District of Texas will remain open for business
`subject to any restrictions imposed by ajudge or judges in each division. However,
`many employees, including some of chambers staff, will be teleworking, but they will
`be accessible by phone. Electronic filings may continue to be made through the
`CM/ECF system.
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`. Any delivery directed to chambers shall be delivered instead to the Clerk's Office in
`each courthouse.
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`9. Unless vacated, modified, or extended. this Order will remain in effect through
`December 31, 2020, and will then expire.
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`FOR THE COURT.
`SO ORDERED and SIGNED this
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`day of November, 2020.
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`%
`— Mi
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`ORLANDO L. GARCIA
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`Chief United States District Judge
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