FILE
`AUG 18 2020
`un
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACODIVISION
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`§
`§
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`§§
`
`IN RE:
`WACODIVISION
`TRIALS
`
`DIVISIONAL STANDING ORDER REGARDING TRIALS IN WACO
`deinene
`The Waco Division,
`in accordance with the Western District of Texas’s Seventh
`Supplemental Order Regarding Court Operations Under the Exigent Circumstances Created by the
`COVID-19 Pandemic, enters the following orderfinding this Division may safely conduct trials:
`1. The Waco Division serves Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Leon,
`Limestone, McLennan, Milam, Robertson, and Somervell counties.
`2. 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-19
`cases. For example, McLennan County—one 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/county/.
`3, 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.cde,gov/coronavirus/2019-ncov/cases-updates/county-maphtml, 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.
`4. The Division has undertaken greatefforts to ensure trials can be conductedsafely. Among
`other things, the Court is prepared to mandate appropriate distancing in the courtroom and
`around the courthouse, limit the numberof individuals in the courtroom, provide masks to
`jurors, supply hand sanitizer, and install plexiglass shields where beneficial and
`appropriate.
`5. 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 proceduresfortrials.
`6, Therefore, the Division is confident that, as things stand today, it can conductfair trials in
`a safe manner. Accordingly, bench and jury trials in the Waco Division will resume as
`early as September 1, 2020.
`7. The Chief Judge wasnotified ofthis Order on August 18, 2020.
`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
`
`ANCORAEx. 2004, Page 1
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`ANCORA Ex. 2004, Page 1
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`1. Any person who hastraveled 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 whohasresided 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 licensed healthcare professional or
`public health agency to self-quarantine;
`4, Any person whohas been diagnosed bya licensed 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;
`5. Any person.wholives with, or cares for, a person described in category 3 or 4 above; or
`6. Any person who presents currently having a fever, chills, persistent cough, shortness of
`breath, persistent pain or pressure in the chest, nausea, or loss ofthe sense oftaste or smell.
`It is further ORDEREDthat any person seeking entry to the Waco Division Courthouseat
`any time may be asked by a Court Security Officer (CSO) or a memberofthe court staffto confirm
`that none of the exclusions listed above applies to that person.
`
`It is further ORDEREDthat each person, except a witness while testifying, and an attorney
`while examining a witness or making a statementto 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 memberofthe court staff. Witnesses shail 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 follow the instructions ofthe court
`staff and CSOsto aid in maintaining distance in the courthouse.
`
`it is further ORDEREDthat all CSOs, following substantive guidance provided bythis
`Order and administrative guidance from the United States Marshal for the Western District of
`Texas, shall deny entry to anyone attemptingto enter, or remainin, 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 CSOs shall immediately contact the U.S. Marshal or the
`designated Deputy Marshalfor a determination, which shall control.
`It is finally ORDERED that, unless extended by subsequent order, these restrictions shall
`remain in place until September 30, 2020, at 11:59 p.m., when they shall automatically expire.
`
`SIGNED this 18th day of August, 2020.
`
`
`
`UNITED STATES DISTRICT JUDGE
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`ANCORAEx. 2004, Page 2
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`ANCORA Ex. 2004, Page 2
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