Code Revision Commission et al v. Public.Resource.Org, Inc.

Filing 78

FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI)

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FILED IN CLERK’S OFFICE U.SD.C. - Atlanta JuL 01 2020 JAM . HAU Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA tN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS GENERAL ORDER 20-01 Fourth Amendment ORDER General Order 20-01. dated March 16. 2020. and amended by orders dated March 30. 2020: April 30. 2020: and May 26. 2020. addresses Court operations tbr the United States District Court for the Northern District of Georgia under the exigent circumstances created by the spread of COVID-19. The I’hird Amendment to General Order 20-0 1, entered May 26, 2020, extended the time periods specified in the Order through and including July 3, 2020. Data from the Georgia Department of Public health reflects that the average number of new COVID-1 9 cases per day in the State ot Georgia remains higher than it was on March 16. 2020. hen the Court originally entered General Order 20-0 I. The total number of COVII)— 19 cases and deaths in Georgia continues to rise, and no vaccine or cttre is available to the general public. [here has been no change to the President’s declaration ol a national emergency under the National lmergencies Act (5t) U.S.C. 1601 et seq.) clue to (‘(WIt)— 19 or to the lindings of the Judicial Contirence ot the inited States that emeruency conditions due to this national emergency have materially alThcted and materiall affect the functioning of the li.deral eottrts generally xt ill As the adverse conditions giving rise to General Order 20-01 have not sufficiently resolved for the Court to return to normal operations. IT IS HEREBY ORDERED that General Order 20-0 1, as amended, is further amended to extend the time periods specified therein through and including the date of July 3 1, 2020. IT IS Ft]RTHER ORDERED that while there will be no civil or criminal jury trials in any division of the Northern District of Georgia until after July 3 1, 2020, grand jury proceedings may continue to he held, and summonses may he issued to prospective jurors tbr proceedings scheduled to begin after Jtdy 31, 2020. IT IS FURTHER ORDERED that the time period of any continuance entered as a result of this Order (whether that continuance causes a pre-indictrnent delay or a pre-trial delay) shall be exctuded under the Speedy ‘l’rial Act. 1 8 U.S.C. § 3 161 (h)(7)(A). as the Court finds that the ends ol justice served by taking that action ottheigh the interests of the parties and the ptihlic in a speedy trial. Absent further order of the Cotirt or any individual judge. the period ol exclusion shall he from March 23. 2020, through and including July 3 1, 202t). 1 he Court may extend the period ol exclusion as circumstances may warrant. This Order and period ot exclusion are incorporated by refbrence as a specific llnding under 18 tJ.S.C. § 3 161 (h)(7)(A) in the record ol’ each pending case where the Speedy Irial Act applies. See Zediu’r v. United States, 547 U.S. 489, 506-07 (2006). lhe periods ol exclusion in the Courts prior orders on this subject. General Order 20—01 and its subsequent amendments. are likewise incorporated by reference as a specific finding tinder I 8 1 J.S.(. § 3 161 (h)(7)(A) ifl the record of each pending case here the Speeds Trial Act applies. SO ORDEREI) this i day of July 2020. THOMAS W. THRASH, JR. CHIEF UNITED STATES DISTRICT JUDCE 3

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