Federal Practice
Southern District of Ohio Court Operations During the COVID-19 Pandemic By Michael N. Rhinehart Esq. DBA Editorial Board US District Court, Southern District of Ohio michael_rhinehart@ohsd.uscourts.gov 937.512.1643
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ike the rest of the world, day-to-day operations in the United States District Court for the Southern District of Ohio -- and federal courts throughout the United States -- have been altered by the COVID-19 pandemic. In an effort to prevent delays in the administration of justice, the Court has issued a number of General Orders regarding Court operations since the pandemic was declared a national emergency in mid-March 2020. Initially, the three federal courthouses in the Southern District of Ohio -- the Potter Stewart U.S. Courthouse in Cincinnati, the Joseph P. Kinneary U.S. Courthouse in Columbus, and the Walter H. Rice Federal Building & U.S. Courthouse in Dayton -- closed effective March 23, 2020 by order issued from Chief District Judge Algenon L. Marbley.i While the courthouses were first closed for a period of fourteen days,ii by early April 2020, Chief Judge Marbley extended the closures through June 1, 2020, and all trials scheduled prior to that date were continued.iii Shortly after closure of the courthouses in mid-March, Congress passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Activ which, among other things, permitted the use of telephone and videoconferencing to conduct pretrial criminal hearings. Following passage of the CARES Act, Chief Judge Marbley promptly implemented the CARES Act in the Southern District of Ohio and authorized the use of video conferencing throughout the district to conduct, among other proceedings, initial appearances, detention hearings, and arraignments. v Felony plea hearings can also be held via video conferencing in certain circumstances.vi Notably, proceedings conducted by telephone or video remain open to the public and media -- although the strict prohibitions on photographing or broadcasting federal proceedings, such as those set forth in Fed. R. Crim. P. 53, remain in effect.vii All three courthouses reopened to the public on June 1st subject to a Reconstitution Plan adopted by the Court.viii Pursuant to the Court’s Reconstitution Plan, everyone entering the courthouses in Cincinnati, Columbus and Dayton are required to, among other things, be subject to temperature screening upon entry; wear masks upon entry and while in common areas of the building; and maintain a social distance of at least 18
Dayton Bar Briefs November 2020
six feet from all other persons.ix Despite reopening of the buildings, the Court noted that it would “continue to make efforts to minimize the number of on-site court proceedings to protect the health and safety of staff and visitors” and gave each judge discretion as to whether to hold proceedings in-person or by video conferencing. While the Court was hopeful that jury trials could resume shortly after reopening of the courthouses in June, by the end of July, an increase in COVID-19 cases in Ohio resulted in the further continuance of all jury trials.x In addition, the Court ordered that proceedings typically held in open court should be conducted in-person only if “the interests of justice” required.xi continued on page 19 END NO TES: In re: Court Operations Under the Exigent Circumstances Created by COVID-19, General Order No. 20-05 (S.D. Ohio Mar. 20, 2020). ii Id. iii In re: Further Order Regarding Court Operations Under the Ongoing Circumstances Created by COVID-19, General Order No. 20-08 (S.D. Ohio Apr. 3. 2020). iv CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT, PL 116-136, § 15002(b), March 27, 2020, 134 Stat 281 v In re: Court Operations Under the Exigent Circumstances Created by COVID-19 with Respect to Video Teleconferencing for Criminal Proceedings, General Order No. 20-07 (S.D. Ohio Mar. 30, 2020). vi Id. vii See In re: Court Operations Under the Exigent Circumstances Created by COVID-19 with Respect to Video Teleconferencing for Criminal Proceedings, General Order No. 20-07A (S.D. Ohio Apr. 3, 2020). viii In re: Further Order Regarding Court Operations Under the Ongoing Exigent Circumstances Created by COVID-19, General Order No. 20-17 (S.D. Ohio May 29, 2020). ix Id. x In re: Further Order Regarding Court Operations Under the Ongoing Exigent Circumstances Created by COVID-19, General Order No. 20-23 (S.D. Ohio July 23, 2020). xi Id. i
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