DC Federal Court Could Resume Grand Juries in June, Nontrial Proceedings in Mid-July
Tuesday's order would allow nontrial proceedings in Washington, D.C., to start one day before a scheduled hearing in the criminal case against former national security adviser Michael Flynn.
May 26, 2020 at 03:43 PM
4 minute read
The original version of this story was published on National Law Journal
The chief trial judge for the U.S. District Court for the District of Columbia has opened the door for nontrial proceedings in the courthouse to resume by mid-July as Washington, D.C., nears lifting some restrictions implemented due to the COVID-19 pandemic.
Chief Judge Beryl Howell said in a new order Tuesday that all jury trials are postponed through Aug. 1, but other proceedings in the D.C. courthouse could resume on July 15. That date could be pushed back if D.C. experiences another spike of COVID-19 cases. U.S. District Judge Emmet Sullivan has set a July 16 hearing on the Justice Department's effort to dismiss the criminal information against onetime Trump national security adviser Michael Flynn.
Howell said in the order she was extending the current postponement of most court proceedings, "recognizing that the District of Columbia has not yet begun the first phase of reopening and the current uncertainty as to when the District of Columbia will enter the first and then the second phase of reopening and how long those phases will last."
The order indicates the court would not move toward resuming in-person proceedings until D.C. enters at least the second phase of reopening, which the Centers for Disease Control and Prevention guidelines state should still encourage teleworking and physical distancing in public spaces.
Howell's order suspending trials cites "the current stay-at-home orders, public health and safety guidance regarding protecting vulnerable individuals, limits on gatherings and physical distancing, the fact that the District of Columbia has not yet entered the first two phases of reopening with many businesses and childcare facilities remaining closed, and the recognition that the current circumstances would make it difficult to obtain a diverse and representative pool of prospective jurors."
The chief judge also said all other civil, criminal and bankruptcy proceedings in the court scheduled before July 15 "are postponed and will be scheduled for a later date, unless the presiding judge in an individual case issues an order after the date of this order directing that a particular proceeding will be held by teleconference or videoconference on or before July 15 2020."
Howell's order also says the court "anticipates the possibility of resuming grand jury sessions the week of June 15, 2020, with special conditions and accommodations to ensure compliance with all pertinent health and safety guidelines from local and federal health authorities." The court has already restricted members of the public from entering the courthouse, with the exception of judges, court staff, reporters and those with "official business" at the court.
The order also cancels all attorney admission ceremonies through Sept. 7. Naturalization ceremonies will resume on Aug. 1.
"Further orders addressing court operations in the exigent circumstances created by the COVID-19 pandemic will be issued as the circumstances warrant," Howell wrote.
The Administrative Office of the U.S. Courts has not issued strict mandates for reopening federal courts, but has offered guidelines as individual district courts make decisions on how to reopen. District courts were also left to decide how and when to shutter their doors as the pandemic spread across the U.S.
Federal courts, including the D.C. trial court, have pivoted to holding video and teleconferences and many allow the media and public to dial into the remote proceedings, which have at times been marred with technical snafus.
Washington, D.C., Mayor Muriel Bowser could order the city to enter its first phase of reopening on May 29. The district saw a slight spike in COVID-19 cases over the weekend, and Bowser is set to make her decision on Wednesday.
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