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In re Approval of the Judicial Emergency Declared in the Cent. Dist. of Cal.

Judicial Council of the Ninth Circuit

April 9, 2020, Decided

No Number in Original

Opinion

ORDER

On March 13, 2020, Chief District Judge Virginia A. Phillips declared a thirty-day judicial emergency in the Central District of California pursuant to 18 U.S.C. § 3174(e). Finding no reasonably available remedy, the Judicial Council agreed to continue the judicial emergency for an additional one-year period and suspend the time limits of 18 U.S.C. § 3161(c). The continued judicial emergency will end on April 13, 2021.

The attached Report of the Judicial Council of the Ninth Circuit Regarding a Judicial Emergency in the Central District of California constitutes the findings of fact and conclusions of law of the Judicial Council justifying a declaration of judicial emergency pursuant to 18 U.S.C. § 3174. This report was submitted to the Director of the Administrative Office of the U.S. Courts. See 18 U.S.C. § 3174(d).

Adopted: April 9, 2020

/s/ Sidney R. Thomas

Hon. Sidney R. Thomas, Chair

REPORT OF THE JUDICIAL COUNCIL OF THE NINTH CIRCUIT REGARDING A JUDICIAL EMERGENCY IN THE CENTRAL DISTRICT OF CALIFORNIA

Submitted to the Administrative Office [*2]  of the U.S. Courts Pursuant to 18 U.S.C. § 3174(d)(1) April 9, 2020

On March 13, 2020, Chief District Judge Virginia A. Phillips declared a judicial emergency in the Central District of California under 18 U.S.C. § 3174(e). She reported that under the emergency declarations of national, state, and local governments, as well as recommendations from the Centers for Disease Control and Prevention to convene groups of no more than 10 people, the Court is unable to obtain an adequate spectrum of trial and grand jurors. The suggested physical distancing measures required to protect public safety diminishes the availability of counsel, witnesses, parties, the public, Probation and Pretrial Services, and Court staff to be present in the courtroom. Chief Judge Phillips sought the Ninth Circuit Judicial Council's approval in declaring an emergency that would extend the time limits of the Speedy Trial Act (STA) for bringing accused criminal defendants to trial. This type of request has been approved on four occasions, with circuit Judicial Councils approving judicial emergencies under 18 U.S.C. § 3174(e) since the STA was enacted.

With the immediate and pending national and local state of emergencies, Chief District Judge Virginia A. Phillips was compelled [*3]  to declare a judicial emergency under 18 U.S.C. § 3174(e). This judicial emergency period commenced on March 13, 2020, and will end on April 13, 2020. After gathering additional data, the Judicial Council found no reasonable remedy, thus agreed to declare a judicial emergency and suspend the STA time limits required by 18 U.S.C. 3161(c) in the District for one year. The continued judicial emergency will commence on April 13, 2020, and will conclude on April 13, 2021.

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2020 U.S. App. LEXIS 13504 *

IN RE APPROVAL OF THE JUDICIAL EMERGENCY DECLARED IN THE CENTRAL DISTRICT OF CALIFORNIA

CORE TERMS

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