IN THE UNITED STATES DISTRICT COURT FEB 18 2022

FILED

IN THE UNITED STATES DISTRICT COURT FEB 18 2022

FOR THE SOUTHERN DISTRICT OF ILLINOIS

CLERK, U.S. DISTRICT COURT

CREATED BY THE COVID-19 VIRUS.

IN RE: ) SOUTHERN DISTRICT OF IL,

COURT OPERATIONS AND ) EST. LOUIS OFFICE

THE USE OF VIDEO AND )

TELECONFERENCING DURING THE ) Administrative Order No. 266

EXIGENT CIRCUMSTANCES )

)

TWELFTH AMENDED ADMINISTRATIVE ORDER

This twelfth amended omnibus Administrative Order amends and supersedes

Administrative Order No. 266 dated November 24, 2021,! relative to cases and

proceedings before the District Court, the use of video and teleconferencing, and the

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

continuing exigent circumstances created by the COVID-19 pandemic. Bankruptcy Court

proceedings also are addressed below. This twelfth amendment of Administrative Order

No. 266 details adjustments to restrictions, as well as a flexible plan for operations during

this fluctuating public health crisis. The Court recognizes that it is impossible to cover all

contingencies during this fluid situation. This Order is therefore designed to give the

presiding judicial officers flexibility to address issues as they arise.

J. Implementation of the COOP/COVID-19 Plan

The current COVID-19 outbreak has impacted the Southern District of Ilinois, 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. On March

1 Administrative Order No. 266 and subsequent amendments supplant Second Amended Administrative

Order No. 261 dated April 1, 2020, Amended Administrative Order No. 262 dated April 1, 2020, and

Administrative Order No. 263 dated March 30, 2020.

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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. That emergency

declaration remains in effect.

More than 75% of Illinoisans have received two vaccine doses or the Johnson &

Johnson single-dose vaccine (see https://coronavirus.illinois.gov/). The current

statewide 7-day rolling test positivity average rate is 3.6%, which is characterized as

“high.” The same holds true for all 38 counties in this judicial district. This level is

dramatically lower than the recent peak in January 2022 (a pandemic era high), but

still as high as was experienced in late 2020 and late 2021. Fortunately, however,

there has been a precipitous weekly drop in new cases—43.8% nationally as of

February 16, 2022. At the current, sustained rate of decline, and given the high

percentage of vaccinated individuals, as well as the variety of effective treatments

available to the vaccinated and unvaccinated, more flexibility is appropriate at this

juncture.

Masking remains a convenient, effective protective measure available to all.

The CDC’s most recent data on mask usage indicates that wearing a mask, whether

a cloth mask, surgical mask, or respirator (N95/K95), dramatically reduces the odds

of contracting the virus by 56%, 66%, and 83%, respectively (see

www.cdc.gov/mmwr/volumes/71/wr/mm7106el.htm). Mask usage, therefore, is not

required for entry into the East St. Louis and Benton courthouses, but it is highly

encouraged. Surgical masks and respirators will remain available. With that said, in

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order to account for the variety of situations and spectrum of risk levels that can

occur within a courthouse, each judge, supervisor, and tenant agency shall have

discretion to mandate masking, social distancing, and other protocols in their work

areas.

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 —continues the activation and implementation of the

district's COOP/COVID-19 Plan until further order of the Court. Nevertheless, the

federal courthouses in East St. Louis and Benton are fully open and accessible, and the

District Court, Bankruptcy Court, and the Probation and Pretrial Services Office are fully

operational. Adjustments may be made at each judge’s discretion and as circumstances

dictate. Minimizing the spread of COVID-19 remains the Court's priority.

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 shall report to the courthouse as

directed by their supervisor, but may telework when possible. Special situations will be

addressed on a case-by-case basis.

II. Courthouse Restrictions

It is ORDERED that:

e The federal courthouses in East St. Louis and Benton are OPEN to the public,

subject to restrictions related to maintaining the public health. In-person

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settings may be set at the discretion of the presiding judge. Courtroom safety

protocols are left to the discretion of the presiding judge. Teleconferencing and

videoconferencing will continue to be utilized to ensure the work of the Court

continues in a safe and efficient manner.

e Civil and criminal bench and jury trials will be conducted at a pace and ina

manner consistent with CDC guidance.

e Each judge shall have discretion to adjust his or her docket in the interest of

safety and efficiency, and appropriate notices will be sent to counsel.

e The Clerk’s Offices in East St. Louis and Benton are OPEN to the public, subject

to restrictions as local conditions dictate. Updates will be published on the

Court’s public webpage (https: / / www.ilsd.uscourts.gov) and transmitted to

the local bar via the Case Management/ Electronic Case Filing (“CM/ECF”)

system. Additional detailed procedures regarding filings and other court

business are set forth later in this order.

Until further order of the Court, the following restrictions and protocols shall

apply regardless of a person’s vaccination status:

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

either courthouse:

¢ People with these symptoms or combinations of symptoms

within the last 10 days:

e Fever (100.4 F or above) or chills

Cough

Shortness of breath or difficulty breathing

Fatigue

Muscle or body aches

Headache

New loss of taste or smell

Sore throat

Congestion or runny nose

Nausea or vomiting

Diarrhea

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

or health agency, or who are awaiting the results of a COVID-19 viral

test.

* Persons who have had recent contact (<10 days) with someone

suspected or confirmed to have COVID-19.

¢ Persons who have tested positive for COVID-19 within last 10 days.

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 the criteria for restriction will

be denied access to the courthouse. Visitors who register a fever via the

temperature kiosk or who visibly appear to have the symptoms listed above

also will be denied entry to the building. All other security requirements for

entrance, such as showing proper identification and passing through a

magnetometer, remain in effect.

Visitors will be asked to leave if they do not follow these standards and the

directives of the Court, and may be found in contempt of Court.

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: 618-482-9050 or 618-435-2552

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

webpage.

Public events and ceremonies, such as school tours and civic events may

resume, subject to the Court’s COVID-19 safety protocols for the public.

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Il]. The CARES Act and Criminal Proceedings

Section 15002(b) of the Coronavirus Aid, Relief, and Economic Security Act

(“CARES Act”), H.R. 748 (2020), provides for video teleconferencing

(“videoconferencing”), or telephone conferencing (“teleconferencing”) _ if

videoconferencing is not reasonably available, for certain criminal proceedings, if the

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

COVID-19 outbreak will materially affect the functioning of either the federal courts

generally or a particular district court, and the chief judge of a court covered by that

finding authorizes videoconferencing, or teleconferencing if videoconferencing is not

reasonably available. Additional case-by-case findings are required of the presiding

judge relative to felony pleas and sentencings. In any event, videoconferencing and

teleconferencing can only occur with the consent of the defendant.

The Court finds that, because new COVID-19 cases continue at pandemic pace,

and not all those entering the courthouse will be vaccinated, and because the CDC

guidance still requires that jails and prisons maintain strict safety protocols, protecting

the health of defendants, counsel, the public, and court personnel, continues to

necessitate the use of videoconferencing, or teleconferencing if videoconferencing is not

reasonably available. As of the date of this Order, teleconferencing has been tested and is

operational, and a stable, secure videoconferencing system is available in most, but not

all, circumstances. In-court proceedings, videoconferencing, and teleconferencing will all

be utilized to maximize the Court's ability to carry out its constitutional mission while

maintaining the public health.

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The Court AUTHORIZES the use of videoconferencing, or teleconferencing if

videoconferencing is not reasonably available, for the following criminal proceedings, as

specified in the CARES Act:

e Detention hearings under 18 U.S.C. § 3142;

e Initial appearances under Federal Rule of Criminal Procedure 5;

e Preliminary hearings under Federal Rule of Criminal Procedure 5.1;

e Waivers of Indictment under Federal Rule of Criminal Procedure 7(b);

e Arraignments under Federal Rule of Criminal Procedure 10;

e Probation and supervised revocation proceedings under Federal Rule of

Criminal Procedure 32.1;

e Pretrial release revocation proceedings under 18 U.S.C. § 3148;

e Appearances under Federal Rule of Criminal Procedure 40;

e Misdemeanor pleas and sentencings under Federal Rule of Criminal

Procedure 43(b)(2);

e Proceedings under 18 U.S.C. § 403 (commonly known as the “Federal

Juvenile Delinquency Act”), except for contested transfer hearings and

juvenile delinquency adjudication or trial proceedings

Again, the videoconferencing or teleconferencing authorized above may only take

place with the consent of the defendant, or the juvenile, after consulting with counsel.

In accordance with the CARES Acct, if the district judge in a particular case finds

for specific reasons that the plea or sentencing in a case cannot be further delayed without

serious harm to the interests of justice, a felony plea under Federal Rule of Criminal

Procedure 11 and felony sentencing under Federal Rule of Criminal Procedure 32 may be

conducted by video conference, or by teleconference if videoconference is not reasonably

available. However, videoconferencing or teleconferencing of felony pleas under Rule 11

and felony sentencings under Rule 32 may only take place with the consent of the

defendant, or the juvenile, after consulting with counsel. Although the courthouses are

open to the public, the Court will continue to conduct remote settings if a defendant

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knowingly and voluntarily consents to a videoconference hearing in order to reduce

any risk to him/herself that may be occasioned by appearing in person. Defense

counsel shall alert the appropriate courtroom deputy clerk whether the defendant

wishes to attend in-person or by videoconference so that appropriate accommodations

can be made. If a hearing is set by videoconference and the defendant wishes to have

an in-person hearing, counsel shall immediately notify the appropriate courtroom

deputy clerk. Similarly, if an in-person hearing is set and the defendant wishes to

appear remotely and knowingly and voluntarily consents to do so, counsel shall notify

the courtroom deputy clerk.

IV. Videoconferencing and Teleconferencing Protocols

In any traditional in-court proceeding —civil or criminal—that is conducted via

videoconference or teleconference due to the exigent circumstances stemming from the

COVID-19 outbreak, audio or video feeds will be available to the public and press to the

extent practicable. Information detailing how to access any audio and/or video feed of

court proceedings will be posted in the notice of setting on a case-by-case basis, and

general information will be published on the district court's public webpage at

hitp://www.ilsd.uscourts.gov.

All attorneys are responsible for monitoring notices of settings and must relay

those notices to any other attorney who might be handling a case in the attorney’s

stead. If directed to participate via teleconference or videoconference, participants may

not participate in person without the permission of the Court.

Counsel and other participants, and those monitoring remotely, are responsible

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for their own computers and audio-video equipment. The Court does not provide

technical assistance.

Participants in a teleconference or videoconference, and those monitoring

remotely, must mute all electronic devices and audible notifications, and should conduct

themselves as if physically in the courtroom. Audio and video of any court proceeding

may not be recorded or rebroadcast in any manner. See ILSD Local Rule 83.5. Violators

may be held in contempt of court and face other penalties.

In the event a defendant in a criminal case does not consent to the use of

videoconferencing or teleconferencing under Sections 15002(b)(1-2) of the CARES Act,

credentialed members of the press and public may attend such hearings in person in

accordance with this Order. At the discretion of the presiding judge, principal

participants and the public and press may be physically segregated from each other,

including utilizing multiple rooms, and videoconferencing and/or teleconferencing. The

number of in-person participants may be limited based on the capacity of the room.

The Court recognizes that the public and the press have a qualified First

Amendment right of access to certain court proceedings and that the use of

videoconferencing and/or teleconferencing may implicate that right. Nonetheless, for the

reasons set forth in this Order, the Court finds that these procedures are necessitated by

the emergency conditions caused by COVID-19 and must be implemented to prevent the

spread of the COVID-19 virus. See Press-Enterprise Co. v. Superior Court, 478 US. 1, 9

(1986); Press-Enterprise Co. v. Superior Court, 464 U.S. 501, 510 (1984); Walton v. Briley, 361

F.3d 431, 433 (7th Cir. 2004).

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V. District Court Filings and Proceedings

e The Clerk’s Offices in East St. Louis and Benton are open to the public. Pro se

litigants must either mail their documents or bring them to the Clerk’s Office

for filing. Drop boxes for filings are accessible at both courthouses any time a

courthouse or Clerk’s Office is closed to the public. A variety of filing and

payment methods are available: Attorneys should continue to utilize the

CM/ECF system.

e For pro se parties without access to CM/ ECF, documents may be submitted by

mail to:

U.S. District Court Clerk’s Office

750 Missouri Ave., East St. Louis, IL 62201

or

U.S. District Court Clerk’s Office

301 W. Main St., Benton, IL 62812

Filings submitted by mail will be processed upon receipt.

e Emergency filings 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. A filing

deadline in and of itself is not considered an emergency, and any document

improperly sent via email will be returned unfiled.

e Payments by attorneys utilizing the CM/ECF system will be processed via

credit card utilizing Pay.gov. Non-attorneys and those filing via mail may

make payments via credit card by calling the Clerk’s Offices in East St. Louis

or Benton between 9:00 a.m. and 4:00 p.m. Payments by check or money order

will be accepted by mail and will be processed upon receipt. Cash payments

are accepted at the East St. Louis and Benton Clerk’s Offices between 9:00 a.m.

and 4:00 p.m. (exact change only). Filing fees are expected to be transmitted

along with the pleadings unless a motion for leave to proceed in forma pauperis

is submitted.

e Any questions may be directed to:

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

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

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Messages will be returned during business hours (9:00 a.m. and 4:30 p.m.).

In all civil cases, non-trial proceedings remain set, absent a specific order of the

Court. In order to expeditiously and safely conduct the business of the Court,

judges have discretion to utilize in-person settings, as well as teleconferencing

and videoconferencing.

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

Civil Procedure, or Local Rules, remain as set as of the date of this Order. More

specifically, deadlines previously extended by Administrative Orders Nos.

261, 262, and 263 (and any subsequent amendments) are not extended further

by this omnibus Order. Administrative Orders Nos. 261, 262, and 263 (and any

subsequent amendments) and this omnibus Order 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

Administrative Orders Nos. 261, 262, and 263 (and any subsequent

amendments) and this omnibus Order 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. Parties in need of an extension must comply with

Appellate Rule 4.

With regard to criminal matters before the Court, the Court shall have

discretion to quash any previously issued arrest warrant and instead issue a

summons.

New arrestees will be scheduled for proceedings as expeditiously as possible.

The Court FINDS that any delay incurred in arrestees being brought before a

magistrate judge pursuant to Federal Rule of Criminal Procedure 5(a) during

this period of time, by its nature, to be a necessary delay to protect all parties,

counsel, and the public, as well as jail and court staff. Provisions of the Speedy

Trial Act are not triggered until “the filing date (and making public) of the

information or indictment” or “from the date the defendant has appeared

before a judicial officer of the court in which [the] charge is pending” —

whichever date last occurs. 18 U.S.C. § 3161(c)(1).

Magistrate judges shall provisionally appoint the Office of the Federal Public

Defender on any new or recent arrests in cases where counsel has not appeared,

subject to being vacated if the individual is later determined to not be indigent.

Any such appointment will, of course, be vacated if private counsel enters an

appearance on behalf of a defendant.

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The United States Marshals Service will transport any individuals subject to a

writ of habeas corpus to the district, as the Marshals Service transportation

system permits.

Both in-person and remote hearings will continue to be utilized in criminal

cases. Relative to remote settings, or any setting delayed due to local

conditions, if any defendant and his or her counsel or the United States

Attorney seeks an immediate in-person hearing before a magistrate judge —as

is a defendant's right—counsel shall file a motion making the request and

stating the reason an immediate hearing is needed. When possible, the motion

shall be designated as a joint motion. If a joint request is not feasible, the

magistrate judge will impose a short deadline for a response. Any motions

requesting a hearing shall be brought to the immediate attention of the

appropriate magistrate judge’s chambers. Magistrate judges will decide on a

case-by-case basis whether the circumstances call for an emergency hearing

and, if deemed appropriate, a hearing will be set by the magistrate judge.

Any required emergency hearing may be held remotely by video conferencing

if the defendant consents pursuant to Federal Rule of Criminal Procedure 5(f)

and the terms of this Order. The Court will accept verbal consents on the

record when the hearing is held, but encourages counsel to secure a written

waiver when possible. Such requests should be made, for instance, when there

is an argument for immediate release of the defendant or there is any other

compelling reason that a hearing is absolutely necessary. A transfer to a facility

with established videoconferencing may be necessary if a remote hearing is

required and cannot be accomplished according to the current placement

designated by the United States Marshals Service. In-person settings may be

limited due to health and safety protocols. Should it become necessary to again

close either courthouse to the public, 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 and the

terms of this Order. As to all other criminal matters during any period of

closure, judges shall have sole discretion to determine what proceedings

should go forward, or whether videoconferencing or telephone conferencing

can be utilized. Each judge will so notify the affected parties and reset the

matters as appropriate. In all circumstances, delays will be kept to a minimum,

particularly with respect to pretrial detention. Any continuances will not affect

any other deadlines unless the presiding judge so indicates.

Until further order of the Court, in 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

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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 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

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. Videoconferencing and

teleconferencing and other technologies also may be utilized as practicable,

and participants in a hearing may be separated as directed by the presiding

judge in the interest of public health.

Any time period of the continuances implemented by this Administrative

Order or other Orders of the Court due to the COVID-19 crisis will be excluded

under the Speedy Trial Act, as the Court specifically finds that the ends of

justice —in terms of the continuing, but waning, nationally recognized public

health crisis 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). AI] 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 omnibus 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 are subject to being

rescheduled by the presiding judge. The defendant, defense counsel, the

United States Probation Office, or the United States Attorney’s Office may

request an earlier hearing.

Grand juries shall continue to meet as long as conditions permit, with

reasonable limits on grand jury sessions imposed by the Court in consultation

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with the U.S. Attorney’s Office. In the interest of health and safety, the Court

may exercise its authority to convene or discharge a grand jury. See generally

Korman v. United States, 486 F.2d 926, 933 (7th Cir. 1973). In the event grand jury

sessions must be suspended, a separate order will issue. During any period of

delay, the respective Grand Juries will not be in session as the term is used in

18 U.S.C. § 3161(b).

e Attorney admission in-person ceremonies will be performed upon request.

Oath cards need not be notarized but must be signed. Instructions can be found

at https: / /www.ilsd.uscourts.gov/ AttyAdmission.aspx.

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

e The Central Violations Bureau dockets in East St. Louis and Benton have

resumed. Payments continue to be processed electronically (instructions

appear on each citation).

e Naturalization ceremonies conducted by the Court resumed effective

September 1, 2021 (see Administrative Order No. 299).

e Announcements regarding any further imposition or relaxation of 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.

VI. Bankruptcy Court Filings and Proceedings

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

set by the presiding judge. The Court will provide call in information to the parties prior

to any telephonic hearing. For those without access to CM/ECF, documents may be

submitted by mail.

VIL. Probation and Pretrial Services

The United States Probation and Pretrial Services Office will continue to

investigate and supervise individuals as ordered by the Court.

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VIII. Expiration of this Order

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

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 16, 2022.

IT IS SO ORDERED.

Dated this 18th day of February, 2022.

Tene) loaategd

NANCY J. ROSENSTENGEL

Chief U.S. District Judge

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