FOR PUBLICATION
JUDICIAL COUNCIL OF THE NINTH CIRCUIT
IN RE APPROVAL OF THE
JUDICIAL EMERGENCY
DECLARED IN THE EASTERN ORDER
DISTRICT OF CALIFORNIA
Before: THOMAS, Chief Circuit Judge, BYBEE, IKUTA, N. R.
SMITH, MURGUIA, and CHRISTEN, Circuit Judges,
HAMILTON, MARTINEZ, PHILLIPS, and SEABRIGHT,
Chief District Judges, and LEW, Senior District Judge
On March 17, 2010, Chief District Judge Kimberly J. Mueller declared a
judicial emergency in the Eastern District of California pursuant to 18 U.S.C.
§ 3174(e). inding 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
Director of the Administrative Office of the U.S. Courts. See 18 U.S.C. § 3174(d).
Adopted: April 16, 2020 Artis». Qrenee
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. 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 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.
Under 18 U.S.C. § 3174(d), the Judicial Council hereby submits to the
Administrative Office of the United States Courts the Eastern District of
California’s application for a declaration of a judicial emergency and a written
report stating in detail the reasons for granting the application.
Report of the Judicial Council of the Ninth Circuit Regarding a
Judicial Emergency in the Eastern District of California
April 16, 2020
Page 2
I. National, State, and County State of Emergencies — Public Safety
On March 13, 2020, the President of the United States issued a proclamation
declaring a National Emergency in response to the COVID-19 (Coronavirus
Disease) pandemic. The Governor of the State of California declared a
Proclamation of a State of Emergency to exist in California on March 4, 2020.
Health Officials from the 34 counties the Eastern District serves have either issued
local emergency orders or directed citizens to abide by state guidance related to
public gatherings.
On March 27, 2020, the Judicial Conference of the United States, acting
pursuant to the authority granted it under the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act), specifically found that “emergency
conditions due to the national emergency declared by the President under the
National Emergencies Act (50 U.S.C. § 1601, et seq.) with respect to the
Coronavirus Disease 2019 (COVID-19) have materially affected and will
materially affect the functioning of the federal courts generally.”
The World Health Organization declared COVID-19 a pandemic on
March 11, 2020. In their continuing guidance, the Centers for Disease Control and
Prevention (CDC) and other public health authorities have suggested the public
avoid social gatherings in groups of more than 10 people and practice physical
distancing (within about six feet) between individuals to potentially slow the
spread of COVID-19. The virus is thought to spread mainly from person-to-person
contact and no vaccine currently exists.
No information is currently available to determine when the CDC may
retract its recommendations regarding limited group gatherings and physical
distancing. By limiting person-to-person contact, the public may “flatten” the
epidemic curve of the COVID-19 outbreak.
Il.