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

Filing 84

TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI)

FILED IN CLERK’S OFFICE
U.S DC. Atlanta
-

tJNITEI) STATES I)ISTRICT COURT
NORTH ERN I)ISTRICT OF C Et)RC IA

IN RE: COURT OPERATIONS UNI)ER
THE EXIGENT CIRCUMSTANCES
CREATED BY COVII)-19 AND RELATED
CORONAVIRtJS

JAN 2 / 2027
JAMN. HAffEJjer
By:7111

GENERAL ORI)ER 20-01
Tenth Amendment

ORDER
(leneral Order 2t)—0 I dated March 1 6. 202t). as amended by Orders dated March
.

30. 2020: April 30, 2020: May 26, 2020: .JuIy 1. 2020: July 10, 2020: August 3. 2020:
September 1

.

2t)2t): September 28, 2t)2t), and I)ecember 8, 2020. addresses Court

operations lbr the United States District Court for the Northern I)istrict of Georgia under
the exigent circumstances created by the coronavirus pandemic and the spread oICOVID
19. The Ninth Amendment to General Order 20-0 1, entered December 8, 2020. extended

the time periods specified in the Order through and including February 28. 2021.
In anticipation of the expiration of its Ninth Amendment to General Order 20-0 1,
the Court again considers wheiher national, state. and local Ct)VID-19 conditions have
sufficiently improved to permit the sa1i resumption of federal jury trials within the
Northern District’s courthouses. Although the daily COVI 1)— 19 inlection rates and test
positi’ ity nitcs appear to he declining both nationally and in Georgia Irom their post—
holiday highs. the num hers for each remain extremely high and contitlue to lir exceed the

high rates ol inlection experienced during the past summet’. When the Court entered its
Ninth Amendment. the seven—day average of’ new (‘OVI I)— 19 cases in Georgia

as more

than 4500 cases per day. l)espite a recent decline. Georgia’s daily average for new

1

(‘()Vll)— 19 eases lot the

test

positivity

past

seven days is now repotted at 7.354 cases per day.

Georgia’s

tate also has tiseii to dC)tihle—digits and tanks eighth highest in the 1. Jnited

States. (leotula hospital admissions pet I 00 beds is repotted as kmrth ranked nationally.
ihese numbers

hit

exceed those that existed when the

Court

entered its oriLunal order in

March and are amonii, the highest since the pandemic was declared. In its latest report this
month, the White I lotise
1 59 counties

have

COrona

Virtis lask lorce reports that

more

than 9% ot(ieorgias

high levels ol community transmission and characterizes conditions in

Georaia as consistent with “a lull pandemic resurgence.”
Conditions at the district level are not more favorable. Three counties in the
Northern District: Gwinnett. Fulton. and Cobb. account

for

24.7% of the ne cases in

G eorgi a.
While the COVID-19 vaccination program is now underway nationally and in
Georgia. it is proceeding more sloly than anticipated. The Centers br I)iscasc Control
and Prevention reports that 1 .235.775 doses of the vaccine have been distributed to
Georgia, or 11,639 doses per 100,000 population. Approximately 534,161 people in
Georgia have received one or more closes of the vaccine, or 5.03 1 people per I t)0.00()
population. (Ieorgia is in Phase I a
-

of its vaccination plan. and it could he several weeks

or longer hcft)re accines are available to the general public. While the eventual impact
-

On transm iSSIOfl 01 the C( )Vl 1)— 1 9 in lict ion remains unkmw ii. at I cast six cases

of

the

C()VID— 19 variant strain have not been identi tied in (leorgia.
As noted in previous ( )rders. the President’s declaration ol
under the National Emergencies Act (50 t LS.C.
2

ii

national emergency

§ 1601 et seq.) clue to C( )VlI)— 19 has not

cIianed inr have the lindi I1US (ii (lie J udicial (‘on lIrence ol’ the t
eiiiei’cency

Jn ited

States that

conditions due to this national emergency have materially alThctecl and will

materially affl..ct the Itinctioninc!. ol the fl.deral courts aenerally.
As stated in

our previous

amendments, the Court has suspended jul-y trials in the

hope that COVI 1)—I 9 could be contained, and its threat eliminated. [)espite months ol’
intense preventative meastires. however, the significant threat presented by COVII)— 19

within the I. Jnited

States

and in Georgia continues. While the introdtiction 01 vaccines

represents a signi Ileant progress in the light against COVI D-] 9, a signi licant decline in the
current COVID- 19 intection rate within the Distt’ict and an increase in the number of
people vaccinated

against

the disease is still needed beft)re this Court can sal’ely resume

jury trials. The Court does not Foresee either a suflicient decline in infi.etions or a sttfficient
increase in vaccinations before the end of February to resume jury trials in tvlarch.
Consequently. given the seriousness of the current conditions at the national. state.
and district levels, the Court concludes that a Iitrther extension of the suspension of jury
trials is required to allow conditions ithin the district to sufficiently improve so that
counsel can adequately prepare l& trial, and the health and safel) of (lie public, those
appearing beibre the Court. and the Court itsell’ can be aclequatek salguarded.
Significantly, extension of the suspension ot jury’ trials also will allo greater numbers ol
the bench. bar, and ptihlic to receive ttie (‘()Vl [)J9 vaccine heliwe jury trials resume.
Fherek)re. IT (S HEREBY ORDERED that General Order 2t)-t) 1, as amended. is
Further amended to extend the time periods speci lied therein through and including the date
olApril 4. 2021.
3

IT IS Fti RTH ER )kI)EREI) that while there vil I he
trials

in any division of

no

civil

or

criminal

jury

the Northern I )istriet o I’ ( ieoruia uiiti I a 11cr April 4. 202 I grand
.

jurors niay continue to he summoned and grand jury proceedings may continue to he held:
and

summonses may

be issued to pmspective jurors br civil and criminal jury trials

schedtiled to bein abler April 4. 2021
IT IS FURTH ER ORDERED that the time period ol an contintiance entered as
a

result oFthis Order (whether that continuance causes a pre—inclietment delay or a pre—trial

delay) shall be excluded under the Speedy Trial Ad, 18 1 J.S.(’.

§ 3161(h)(7)(A), as the

Court finds that the ends of justice served by taking that action outweigh the interests of
the parties and the public in a speedy trial. Absent further Order of the Court or any
individual judge. the period of exclusion shall be from March 23. 2020. through and
including April 4. 2021. The Court

may

extend the period of exclusion as circumstances

may warrant. ‘[his Order and period of exclusion are incorporated by reference as a specific

finding under 18 U.S.C.

§ 3161(h)(7)(A) in the record of each pending case where the

Speedy Irial Act applies. See Zedrn’r v. United States, 547 U.S. 489, 506-07 (2t)06). The
periods of exclusion

iii

the (ourt s prior Orders on this subject. General Order 20—01 and

4

its stihse.iiient iinc’iidnen1s urc, Ii ke ise I nctwponited hv re hreiice Is
under I

t J.S.C.

i

speci lie hnding

3 I 6 If h )( 7 )( A ) in the record oleach pending ease x’ here the Speedy trial

Act applies.

SO ORDERED this

7 day oF Janumy 202 I

THOMAS W. THRASH, JR.
CHIEF tJNJTED STATES DISTRICT .JLJDGE

5