# IN THE UNITED STATES DISTRICT COURT APR O1 2020

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URL: https://www.frixlaw.com/law-library/documents/federal_court_rules%3Ailsd%3A0b862252b6cda806

## Record

- **Collection:** Court rules
- **Document type:** Court rule

## Text

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

00008080=%0 0

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/federal_court_rules%3Ailsd%3A0b862252b6cda806. Public record. Not legal advice.