IN THE UNITED STATES DISTRICT COURT APR O1 2020

FILED

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IN THE UNITED STATES DISTRICT COURT APR O1 2020

FOR THE SOUTHERN DISTRICT OF ILLINOIS =, CLERK, U.S. DISTRICT CourT

SOUTHERN DISTRICT OF ILLINOIS

EAST ST. LOUIS OFFICE

IN RE: )

COURT OPERATIONS UNDER THE __) Administrative Order No. 261

EXIGENT CIRCUMSTANCES CREATED ) (Second Amendment)

BY THE COVID-19 VIRUS. )

SECOND AMENDED ADMINISTRATIVE ORDER

This Administrative Order amends and supersedes Second Administrative Order

No. 261 dated March 21, 2020, relative to cases and proceedings before the District Court

and the operation of the federal courthouses in East St. Louis and Benton, Illinois.

Bankruptcy Court proceedings also are addressed below.

Administrative Order No. 262 dated March 23, 2020, relating to initial appearances

in criminal cases, will be amended separately. Administrative Order No. 263 dated March

30, 2020, authorizing the video teleconferencing and telephone conferencing in certain

criminal proceedings pursuant to the CARES Act and addressing public and press access

to those proceedings, remains in effect and will be amended as circumstances necessitate.

I. Implementation of the COOP/COVID-19 Plan

The current COVID-19 outbreak has impacted the Southern District of Illinois, all

50 states, and countries around the world. Although for many this disease appears to

cause only flu-like symptoms, for others it can pose a serious risk, even death. There is

currently no vaccine to prevent COVID-19. On March 29, 2020, the head of the Centers

for Disease Control and Prevention (“CDC”) predicted millions of infections and between

100,000 and 200,000 deaths. The Governor of Illinois declared a disaster and entered a

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“stay-at-home” Executive Order now in effect until April 30, 2020. On March 29, 2020, the

Judicial Conference of the United States declared that emergency conditions caused by

the COVID-19 outbreak are materially affecting, and will continue to materially affect,

the functioning of the federal courts generally.

The CDC and local public health officials have advised that the best way to prevent

illness is to avoid opportunities for exposure. The virus is thought to spread mainly from

person-to-person, particularly between people who are in close contact with one another

(within about 6 feet) and through contact with contaminated surfaces. The Court finds,

for the reasons stated, that it cannot apply the recommended social distancing measures

and simultaneously continue its operations in the usual way without endangering the

health of defendants, counsel, witnesses, the public, and court personnel.

IT IS THEREFORE ORDERED that the undersigned Chief Judge and chair of the

district’s Security Committee—after consultation with the judges of this district, the

United States Marshals Service, the Federal Protective Service, and the General Services

Administration building managers—activates and implements the district's

COOP/COVID-19 Plan, effective through May 3, 2020. In accordance with the Plan, and

pursuant to 41 C.F.R. § 102-74.375(b), access to the federal courthouses in East St. Louis

and Benton will be limited, and the operations of the District Court, Bankruptcy Court,

and the Probation and Pretrial Services Office will be altered accordingly.

IT IS FURTHER ORDERED that, consistent with the COOP/COVID-19 Plan, and

after consultation with the Human Resources Division of the Administrative Office of the

United States Courts, all employees of the District Court are directed to telework until

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May 3, 2020, except when directed by their supervisors to report to the courthouse to

perform essential functions. All District Court employees who, after consultation with

their supervisors, are deemed unable to telework or perform alternate duties, will be

placed on administrative leave.

II. Courthouse Closures and Restrictions

Itis ORDERED that until May 3, 2020:

The federal courthouses in East St. Louis and Benton will be CLOSED to the

public, subject to exceptions allowing the Court to meet its constitutional duties

and handle emergencies related to public safety, public health and welfare, and

individual liberty. No members of the public, other than litigants with a

scheduled proceeding, counsel of record in that matter, law enforcement

having official duties connected with a court proceeding, investigators or

employees of counsel, court interpreters and contract court reporters,

credentialed press, and those otherwise authorized to enter on official business,

may enter the U.S. District Courthouses in East St. Louis and Benton without

prior permission from a judge of this district, the Clerk of Court, the Probation

and Pretrial Services Office, or other agency housed in the courthouse(s).

Any person falling into one of the following categories SHALL NOT ENTER

this courthouse:

o Persons who, in the last 14 days, traveled to the following countries or

regions:

¢ Austria, Belgium, China, Czech Republic, Denmark, Estonia,

Finland, France, Germany, Greece, Hungary, Iceland, Iran, Italy,

Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,

Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia,

South Korea, Spain, Sweden, Switzerland, Monaco, San Marino,

Vatican City, United Kingdom, or Ireland.

e Any other country or region that is the subject of a Level 3 Travel

Health Notice issued by the CDC or any domestic area subject to

a lawfully issued quarantine order or functional equivalent.

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* Persons who reside or have had close contact within the last 14

days with someone who has been in one of the countries listed

above or any other country CDC-labeled Level 3.

* Persons who have been asked to self-quarantine by any doctor,

hospital, or health agency.

¢ Persons who have been diagnosed with or have had contact with

anyone who has been diagnosed with COVID-19.

e The Federal Protective Service and Court Security Officers will enforce the

posted building restrictions. Visitors must review signage regarding the

criteria for exclusion from the courthouse and answer whether they meet the

criteria for restriction. Those answering “yes” to any of the criteria for

restriction will be denied access to the courthouse. All other security

requirements for entrance, such as showing proper identification and passing

through a magnetometer, remain in effect.

e Members of the public not permitted access to the courthouse may call for

assistance:

East St. Louis District Court Help Desk: 866-867-3169

Benton District Court Help Desk: 866-222-2104

East St. Louis Bankruptcy Court: 618-482-9400

Benton Bankruptcy Court: 618-435-2200

East St. Louis United States Marshals Service: 618-482-9336

Benton United States Marshals Service: 618-439-7701

Federal Public Defender’s Office:

Steve Welby, Federal Public Defender: 314-409-3172

Preston Humphrey, First Assistant: 314-496-3883

Laura Wildermuth, Administrative Officer: 618-910-7427

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e Additional information will be posted on each Court or agency's public

webpage.

e All public events and ceremonies, such as school tours and civic events, are

canceled, subject to being reset.

Ill. District Court Filings and Proceedings

e Filings will continue to be processed in civil and criminal cases via the Case

Management/ Electronic Case Filing (“CM/ECF”) system. For those without

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access to CM/ECF, documents may be submitted by mail, or in the event of

emergency, may be submitted by email to:

EmergencyFiling@ilsd.uscourts.gov. All emergency filings must include an

email address and phone number where the filer may be reached. Filings

submitted by mail will be processed upon receipt, albeit at a delayed pace. (The

impact of this delay is addressed below.) Payments by attorneys utilizing the

CM/ECF system will be processed via credit card utilizing Pay.gov. Payments

by check or money order will be accepted by mail and will be processed upon

receipt, albeit at a delayed pace. Cash payments will not be accepted during

this period of exigent circumstances. Any pro se litigant filing a case via mail

who cannot secure a check or money order should submit his or her filing by

mail, and the Clerk’s Office will send a notice directing payment be submitted

after the courthouses reopen. Any questions may be directed to:

o East St. Louis District Court Help Desk: 866-867-3169

o Benton District Court Help Desk: 866-222-2104

All civil jury trial settings on or before May 31, 2020, are STRICKEN, to be reset

by the presiding judge to a date on or after June 1, 2020, due the Court's

inability to obtain an adequate spectrum of jurors, and the effect of public

health recommendations and restrictions on the availability of defendants,

counsel, witnesses, and court staff to be present in the courtroom. All other

civil matters, including bench trials, hearings, and settlement conferences,

scheduled between now and May 3, 2020, for an in-court appearance before

any district or magistrate judge in the East St. Louis or Benton courthouses are

CONTINUED pending further Order of the Court. Judges shall have

discretion to utilize videoconferencing or telephone conferencing and will send

the appropriate notice to counsel.

In all civil cases, all current deadlines, whether set by the Court, the Federal

Rules of Civil Procedure, or Local Rules, are extended by 30 days from the

current deadline set. This extension further extends those deadlines previously

reset by Second Amended Administrative Order No. 261 dated March 21, 2020.

Amended Administrative Order No. 261 and this Second Amended

Administrative Order No. 261 do not grant an extension of any deadlines

imposed by Civil Rules 50(b) or (d), 52(b), 59(b), (d), or (e), or 60(b). See Fed.

R. Civ. P. 6(b)(2). If the COVID-19 public emergency results in the Clerk’s

Office being inaccessible, deadlines will be extended as set forth in Federal Rule

of Civil Procedure 6(a)(3). Litigants are cautioned that Amended

Administrative Order No. 261 and this Second Amended Administrative

Order No. 261 do not affect the rights to, or deadlines concerning, any appeal

from any decision of this Court. The deadlines for filing a notice of appeal

remain in place and must be followed to preserve appellate rights. The Court

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invites parties to file an extension of time to appeal under Appellate Rule

4(a)(5)(A) no later than 30 days after the time prescribed by Rule 4(a). If a timely

extension motion is filed, then the Court deems that good cause exists for the

extension in light of current public health concerns. If a filing is mailed by a

prisoner, the traditional “mail box” rule shall govern its filing date. Given the

public health emergency and the current inability of the Clerk’s Office to

process mail in the ordinary course, if a filing is mailed by a non-prisoner, the

filing date shall be deemed to be the postmark date, subject to any party’s right

to move that a different date be used.

This Order does not affect the Court's consideration of civil or criminal motions

that can be resolved without in-court proceedings. The presiding judge, on a

case-by-case basis and for good cause shown, may extend, shorten, or revoke

the extensions granted by Amended Administrative Order No. 261 and this

Second Amended Administrative Order No. 261.

Any requirement imposed by this U.S. District Court that the United States

Marshals Service, or anyone contracted on its behalf, effect personal service of

process under Federal Rule of Civil Procedure 4(c)(3), 28U.S.C. § 1915(d), or

28 U.S.C. § 1916, for any cases pending in this district or any other district, is

SUSPENDED until further Order of the Court. This Order does not apply to

service of process by mail, waivers of service under Federal Rule of Civil

Procedure 4(d), or service by electronic means, unless otherwise ordered by the

Court. In any civil case in which the United States Marshals Service has

suspended the service of process under this Order, the time for service under

Federal Rule of Civil Procedure 4(m) is TOLLED until further Order of the

Court. With regard to criminal matters before the Court, Administrative Order

No. 262 dated March 23, 2020 (and any subsequent amendments) generally

addresses the handling of criminal cases under the exigent circumstances

created by the COVID-19 outbreak, including delays, the impact on the Speedy

Trial Act, and provides for the appointment of the Federal Public Defender.

Only essential proceedings will occur. Initial appearances, arraignments,

detention hearings, and proceedings where in-person attendance is

constitutionally required are deemed essential and will be conducted in

person, absent any waiver permitted under the law. Administrative Order No.

263, in accordance with the CARES Act, authorizes the use of video

teleconferencing and telephone conferencing for certain criminal proceedings,

with the defendant's consent. As to all other currently set criminal matters

during this period, judges shall have sole discretion to determine what

proceedings are essential and should go forward, or whether

videoconferencing or telephone conferencing can be utilized. Each judge will

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so notify the affected parties and reset the matters as appropriate. Delays will

be kept to a minimum, particularly with respect to pretrial detention. These

continuances will not affect any other deadlines unless the presiding judge so

indicates.

For all matters set for an in-person hearing, counsel must make the necessary

inquiries and notify the presiding judge and opposing counsel if that attorney

or any individuals the attorney intends to bring to the courthouse meet any of

the criteria for restriction from the courthouse. The presiding judge will have

sole discretion to determine whether the proceeding should be delayed or can

go forward, perhaps by alternative means.

All detainees, upon arrival at the East St. Louis or Benton courthouses and

before appearance in Court, shall undergo screening for fever and other

outward signs of COVID-19 contamination; such screening shall be

administered by and/or at the direction of the United States Marshals Service

(USMS), or its agents or designees. The presiding judge must be notified if the

detainee exhibits risk factors. The judge shall have the discretion to order the

detainee returned to the facility from which he or she came. Video

teleconferencing and telephone conferencing and other technologies may also

be utilized as practicable, and participants in a hearing may be separated as

directed by the presiding judge in the interest of public health.

Due to the possibility that the Court's ability to obtain an adequate spectrum

of jurors will be reduced, and the effect of public health recommendations and

restrictions on the availability of defendants, counsel, witnesses, and court staff

to be present in the courtroom, all criminal jury trials set on or before May 31,

2020, are STRICKEN, and will be reset, along with the final pretrial conference,

to a date on or after June 1, 2020.

All change of plea and sentencing hearings scheduled to begin on or before

May 3, 2020, are continued generally and will be reset by the presiding judge

to a date on or after May 4, 2020. If an earlier hearing is justified for any reason,

the defendant and/or counsel may file a motion requesting an emergency

hearing stating (1) the reason(s) why an emergency setting is necessary; and

(2) whether the defendant, after consultation with counsel, consents to hold the

hearing by video teleconference or telephone. Counsel also shall notify the

courtroom deputy clerk by phone that an emergency motion has been filed.

Any time period of the continuances implemented by this Administrative

Order or other Orders of the Court will be excluded under the Speedy Trial

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Act, as the Court specifically finds that the ends of justice—in terms of the

nationally recognized public health dangers and constitutional aspects of

summoning a jury —served by the continuances outweigh the best interests of

the public and any defendant's right to a speedy trial pursuant to 18 U.S.C.

§3161(h)(7)(A). All necessary Orders will be entered in each case.

Deadlines in criminal cases, including motions, briefing, and discovery

deadlines, whether set by the Court, by the Federal Rules of Criminal

Procedure, the Federal Rules of Appellate Procedure, or Local Rules, are not

impacted by this Order, except to the extent they are triggered by a setting or

deadline that has been continued or canceled. Motions for extension of time,

and all other motions in criminal cases will be entertained by the Court as

usual.

All probation and supervised release revocation hearings scheduled for on or

before May 3, 2020, are CONTINUED and will be rescheduled by the presiding

judge to a date on or after May 4, 2020, unless the defendant, defense counsel,

the United States Probation Office, or the United States Attorney's Office

notifies the presiding judge that the hearing is necessary before May 4, 2020.

“The authority to convene or discharge a grand jury is vested in the District

Court.” Korman v. United States, 486 F.2d 926, 933 (7th Cir. 1973) (rejecting

special grand jury witnesses’ challenge to district court's extension of the term

of the grand jury pursuant to 18 U.S.C. § 3331(a)) (internal citation omitted). In

accordance with the Court's finding that it is not currently possible to safely

summon an adequate pool of petit jurors, the Court now finds that the same

unacceptable health risks mentioned above are also present with respect to

grand jurors, counsel, court staff, and witnesses meeting in the courthouse for

grand jury proceedings. This danger warrants delaying the currently

scheduled grand jury proceedings. Indeed, given that both the Court itself and

the United States Attorney’s Office are adhering to the warnings of national,

state, and local health officials for our respective employees to telework and

remain at home if at all possible, adherence to those warnings on behalf of

grand jurors is equally essential. All grand jury sessions in this district set

between the date of this Order and April 30, 2020, are SUSPENDED until

further Order of the Court. During the period of delay, the respective Grand

Juries are not in session as the term is used in 18 U.S.C. § 3161(b).

Court Assistance Program (“CAP”) meetings are canceled until further notice.

The Central Violations Bureau docket in East St. Louis and Benton is continued

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until further Order of the Court. Payments will continue to be processed

electronically (instructions appear on each citation).

e Naturalization ceremonies will not be conducted between now and June 1,

2020. If an individual meets the criteria set forth in 8 U.S.C. § 1448(c) as

qualifying for the expedited administration of the judicial oath, and if that

individual is seeking a name change pursuant to 8 U.S.C. § 1448(e), the Court

will arrange for naturalization of that individual by a judicial officer.

e All judges and counsel are encouraged to utilize videoconferencing and

teleconferencing to the extent possible to avoid unnecessary disruption in the

cases. The Court recognizes that it is impossible to cover all possible

contingencies and that the situation remains fluid. This Order is therefore

designed to give the presiding judicial officers flexibility to address issues as

they arise while implementing necessary safeguards.

e Announcements regarding any further restrictions to Court services will be

posted on the District Court's public webpage https: / / www.ilsd.uscourts.gov,

and attorneys will receive updates and notices via the CM/ECF system.

IV. Bankruptcy Court Filings and Proceedings

All scheduled bankruptcy hearings, including emergency matters, will be held

telephonically. The Court will provide call in information to the parties prior to the

hearing. For those without access to CM/ECF, documents may be submitted by mail, or

in the event of emergency, may be submitted by email to:

ilsbwebmaster@ilsb.uscourts.gov. All emergency filings must include an email address

and phone number where the filer may be reached.

V. Probation and Pretrial Services

The United States Probation and Pretrial Services Office will continue to

investigate and supervise individuals as ordered by the Court.

VI. _—_— Expiration of this Order

The Court will closely monitor the COVID-19 outbreak and any changes to the

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guidance offered by the CDC and local public health officials and make necessary

adjustments in the interest of public health and administration of justice. The Court will

vacate or amend this Administrative Order no later than May 3, 2020.

IT IS SO ORDERED.

Dated this 1 day of April, 2020.

Tae ong?

NANCY J. ROSENSTENGEL

Chief U.S. District Judge

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