FEDERAL PRACTICE Southern District of Ohio Court Operations During the COVID-19 Pandemic

Southern District of Ohio Court Operations During the COVID-19 Pandemic

Like 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

By Michael N. Rhinehart Esq. DBA Editorial Board US District Court, Southern District of Ohio michael_rhinehart@ohsd.uscourts.gov 937.512.1643

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

ENDNOTES:

iIn re: Court Operations Under the Exigent Circumstances Created by COVID-19,

General Order No. 20-05 (S.D. Ohio Mar. 20, 2020).

iiId. iiiIn 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). ivCORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT, PL 116-136, § 15002(b), March 27, 2020, 134 Stat 281 vIn 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).

viId. viiSee 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). viiiIn 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).

ixId. xIn 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). xiId.

FEDERAL PRACTICE Southern Sitrict of Ohio Ct Operations During COVID-19 Pandemic continued from page 18

Most recently, the continuance of criminal jury trials was extended through the end of September, although all other in-court criminal proceedings continue to proceed via video conference unless the interests of justice otherwise require or the defendant in a particular criminal case declines to consent to a hearing by video.xii Where proceedings are to take place in-court, they will occur in a courtroom equipped with plexiglass (there are two courtrooms per court location that have been so equipped).xiii

Civil jury trials are now continued through the beginning of November and all other inperson civil proceedings will continue to be held by either video or telephone conference unless the presiding judge determines that the interest of justice require an in-person proceeding. While civil trials may be on hold for the time being, magistrate judges throughout the district continue mediating cases via electronic means.

Of course, the pandemic has altered court procedures and general civil and criminal practice in many more ways than mentioned above. In fact, in addition to the foregoing, the Court has issued General Orders suspending personal service by the United States Marshal,xiv altered the Local Rules governing applications for admission pro hac vice, xv and extended deadlines for forfeiture proceedings,xvi among other orders. A full list of General Orders and updates for the Southern District of Ohio can be found on the Court’s website at ohsd.uscourts.gov. COVID-19 related orders issued by other federal jurisdictions, as well as updates regarding other federal courts, can be found at uscourts.govxvii

ENDNOTES:

xiiIn re: Further Order Regarding Court Operations Under the Ongoing Exigent Circumstances Created by

COVID-19, General Order No. 20-27 (S.D. Ohio Sept. 29, 2020). xiiiId. xivIn re: Court Operations Under the Exigent Circumstances

Created by COVID-19 Regarding U.S. Marshal

Service of Process, General Order No. 20-09 (S.D.

Ohio Apr. 6, 2020). xvIn re: Court Operations Under the Exigent Circumstances

Created by COVID-19 Regarding Pro Hac Vice

Applications, General Order No. 20-10 (S.D. Ohio Apr. 6, 2020); In re: Court Operations Under the Exigent

Circumstances Created by COVID-19 Regarding Pro

Hac Vice Applications, Amended General Order No. 20-10 (S.D. Ohio Jun. 11, 2020). xviIn re: Order Extending Certain Statutory Deadlines for

Administrative and Civil Judicial Asset Forfeiture

Proceedings and Actions, General Order No. 20-15 (S.D. Ohio May 8, 2020). xviiCourt Orders and Updates During COVID-19 Pandemic,

United States Courts (Oct. 1, 2020, 3:10 PM), https:// www.uscourts.gov/about-federal-courts/court-websitelinks/court-orders-and-updates-during-covid19pandemic.

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