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

United States Court of Appeals for the Ninth Circuit

April 16, 2020, Decided

No Number in Original

Opinion

ORDER

On March 17, 2020, Chief District Judge Kimberly J. Mueller declared a judicial emergency in the Eastern 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 May 2, 2021.

The attached Report of the Judicial Council of the Ninth Circuit Regarding a Judicial Emergency in the Eastern 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 Directoi of the Administrative Office of the U.S. Courts. See 18 U.S.C. § 3174(d).

Adopted: April 16, 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 EASTERN DISTRICT OF CALIFORNIA

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

April 16, 2020

On March 17, 2020, Chief District Judge Kimberly J. Mueller declared a judicial emergency in the Eastern District of California under 18 U.S.C. § 3161. 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 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 District Judge Mueller 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 five 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 Mueller was compelled to declare a judicial emergency [*3]  under 18 U.S.C, § 3174(e). This judicial emergency period commenced on March 17, 2020, and will end on May 1, 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 May 2, 2020, and will conclude on May 2, 2021.

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2020 U.S. App. LEXIS 14079 *

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

CORE TERMS

emergency, district judge, judicial council, vacancies, judgeships, declaration, time limit, gatherings, filings, Senior, weighted, cases, distancing, caseload, hearings, courtroom, suspend, public safety, recommendations, resources, pandemic