Hon. Baker Criminal Cases · U.S. District Court for the Southern District of Georgia
=== Electronic Exhibit Tag ===
EXHIBIT NO. CASE NO. vs. MARKED FOR IDENTIFICATION FILED IN EVIDENCE JOHN E. TRIPLETT, CLERK of COURT
=== PSI and Sentencing Documents Instructions-updated September 2020 ===
PROCEDURES FOR THE ELECTRONIC FILING OF PRESENTENCE INVESTIGATION REPORTS, MOTIONS FOR DEPARTURE AND/OR VARIANCE, SENTENCING MEMORANDUMS AND OTHER SENTENCING RELATED DOCUMENTS IN CRIMINAL CASES BEFORE JUDGE R. STAN BAKER* * updated September 22, 2020 The following procedures apply to filing of presentence investigation reports, motions for variance and downward departure, sentencing memorandums, and other sentencing documents in cases before Judge R. Stan Baker. Counsel are directed to read these instructions carefully upon the setting of any sentencing hearing before Judge Baker. Please contact Judge Baker’s courtroom deputy clerk, Pam Hammock, [email protected], (912) 650-4081, with any questions regarding these instructions. For questions regarding filing in CM/ECF, please contact the Help Desk at (912) 650-4010. Please note that the procedures set forth below pertain to cases before Judge Baker ONLY. DO NOT electronically file presentence documents in any other criminal cases without prior approval. For information regarding the procedure for submission of presentence documents in cases other than Judge Baker’s criminal cases, please contact the United States Probation Office. I. Presentence Investigation Reports and Responses Presentence investigation reports and any response, objections, and addendums to such reports as well as any sentencing recommendations and other documents pertaining to any sentencing hearing must be submitted to the Court using the Court’s Case Management and Electronic Case Filing system (“CM/ECF”). Due to the nature of the information contained in these filings and their purpose to the Court, presentence investigation reports and any related filings are CONFIDENTIAL and should only be made accessible to the Court, the United States Attorney’s Office and the defendant who is the subject of the presentence investigation report. No person shall otherwise disclose, copy, reproduce, deface, delete from or add to any presentence investigation report. The United States Probation Office will timely file all initial and final presentence investigation reports, along with any addendums to the report and sentencing recommendations. The Probation Office will not provide a physical paper copy of any presentence investigation report to counsel. It will be the responsibility of the United States Attorney’s Office and counsel for the defendant to timely file any response to the presentence investigation report. Instructions for filing responses using the Court’s CM/ECF system are listed below. PLEASE FOLLOW THESE INSTRUCTIONS CAREFULLY. Improper filings will be stricken from the record. A. ORDER DIRECTING THE PREPARATION OF THE PRESENTENCE INVESTIGATION REPORT Upon entry of a conviction by guilty plea or verdict, Judge Baker will issue the following order on the record directing that a presentence investigation report be prepared in anticipation of sentencing: ORAL ORDER The Court ORDERS the United States Probation Office to file the Initial Presentence Investigation Report as to _____________________. on or before __________. Counsel will only receive Presentence Investigation Reports electronically via CM/ECF and will not receive a paper copy of any report. The Court ORDERS counsel and the parties to maintain the confidentiality of the 1 Presentence Investigation Report and any objections and addendums thereto. The Presentence Investigation Report and any objections and addendums thereto should only be disclosed to and reviewed by Defendant, counsel for Defendant (to include any investigator, expert or other assistant hired by counsel), the United States Attorney’s Office, the United States Probation Office, and the Court. If Defendant is detained, defense counsel may print a copy of the Presentence Investigation Report and any addendums thereto to review with Defendant. However, counsel shall not leave a copy of the Presentence Investigation Report and any addendums thereto with a detained defendant. Should counsel desire to leave the Presentence Investigation Report or a portion thereof with a detained defendant, counsel must file a motion with the Court. The Court ORDERS counsel for each party to state in writing within 14 days after receiving the Initial Presentence Investigation Report, and file on the record in a restricted manner any objections to the Report, including objections to material information, sentencing guideline ranges, and policy statements contained in or omitted from the Report. If any party has no objections, the party shall file a written statement of no objections on the record in a restricted manner within 14 days of receiving the Initial Report. To be clear, within 14 days of receiving the Initial Report, counsel must state in writing and file on the record in a restricted manner whether the party has objections or does not have objections to the Report. Counsel shall file any sentencing memorandums, victim impact statements, letters, and similar sentencing materials on or before ________. It is further ORDERED that all sentencing materials including memorandums, motions, and other documents may be filed on the record in a restricted manner in which only counsel for the Defendant, the United States, and the Court have access to the materials. This Court will hold a Sentencing Hearing in this case on _________________. NOTICE TO COUNSEL: Important Information regarding the Presentence Investigation Report and filing requirements. CLICK HERE TO READ. This information can also be accessed on the Court’s website under the “Forms” tab and is labeled “Judge Baker - Instructions and Forms.” Entered by District Judge R. Stan Baker on __________. 2 B. RESPONSE TO PRESENTENCE INVESTIGATION REPORT 1. Counsel for the United States and the defendant MUST each file a response to the initial presentence investigation report in CM/ECF using the Criminal Event, “Response to Presentence Investigation Report.” This event is located under Criminal → Other Filings → Other Documents → Response to Presentence Investigation Report (*pictured below). Even when a party does not have an objection to the presentence investigation report, the party must file a statement of no objections on the record. 2. When filing a response in CM/ECF, counsel will have the option to file either: Objections to the Presentence Investigation Report; No Objections to the Presentence Investigation Report; or Comments (no objection) to the Presentence Investigation Report. 3 3. After selecting your response type, you will be prompted to enter who is filing the response. As the filer, you should enter either “USA” or “Defendant” in the text box provided. 4. When prompted, please make sure to ONLY select the applicable parties who should have access to the filed document. To select both the USA and the Defendant, press the Ctrl key while selecting (“left-clicking on”) each party who should have access. investigation (REMEMBER: presentence related documents are CONFIDENTIAL and should only be made accessible to the United States Attorney’s Office and the defendant who is the subject of the presentence investigation report. Therefore, you should only select the USA and the Defendant who is the subject of the presentence investigation report. Selecting any other party provides access to the document and is in violation of the Court’s Order to maintain presentence investigation reports in confidence.) reports and any 4 5. Confirm that the “Docket Text: Final Text” is correct. If it is not correct, go back through the event using your browser’s back arrow to ensure you have properly selected the correct information on each screen. II. PLEADINGS PERTAINING TO A DEFENDANT’S COOPERATION INCLUDING MOTIONS FOR DOWNWARD DEPARTURE PURSUANT TO U.S.S.G. § 5K1.1, MOTIONS FOR VARIANCE PURSUANT TO 18 U.S.C. § 3553(e), and MOTIONS FOR SENTENCE REDUCTION PURSUANT TO FED. R. CRIM. P. 35 1. Pursuant to Judge Baker’s Oral Order regarding the filing of sentencing materials in a restricted manner, the parties MUST file any motions or other pleadings that pertain to a defendant’s cooperation and/or substantial assistance in a manner that only counsel for the defendant who is the subject of the motion or other pleading, the United States Attorney’s Office, the United States Probation Office, and the Court receive notice of the filing, are able to view the docket entry regarding the filing, and have access to the filing. Such pleadings that must be filed in a restricted manner include the following: motions for downward departure filed pursuant to U.S.S.G. § 5K1; motions for variance pursuant to 18 U.S.C. § 3553(e); and motions for sentence reduction pursuant to Federal Rule of Criminal Procedure 35. The parties may automatically file these pleadings under seal, and they should NOT submit a motion for leave to file such a pleading under seal pursuant to the Court’s Local Rule 79.7 (Sealed Documents). 2. A defendant must file any motion for downward departure and/or variance pertaining to the Defendant’s cooperation in CM/ECF using the Criminal Event, “Motion for Downward Departure – Restricted.” This event is located under Criminal Events → Motions → Downward Departure (Restricted Document). Using the event will automatically restrict notice of and access to the filing to the Court, the United States Attorney’s Office, and counsel for the Defendant who is the subject of the motion. Please note that this event is only available for use in Judge Baker’s cases. A filer will automatically be barred from using this event in any other judges’ criminal cases. 3. The United States must file any motion for downward departure and/or variance in CM/ECF using the Criminal Event, “Motion for Downward Departure Pursuant to USSG § 5K1.1.” This event is located under Criminal Events → Motions → Downward 5 Departure pursuant to 5K1.1 (Restricted Document). Using the event will automatically restrict notice of and access to the filing to the Court, the United States Attorney’s Office, and counsel for the Defendant who is the subject of the motion. Please note that this event is only available for use in Judge Baker’s cases. A filer will automatically be barred from using this event in any other judges’ criminal cases. 4. Likewise, the United States must file motions for sentence reduction in CM/ECF using the Criminal Event, “Motion for Sentence Reduction Pursuant to Fed.R.Crim.P. 35.” This event is located under Criminal Events → Motions → Reduce Sentence – Rule 35 (Restricted Document). Using the event will automatically restrict notice of and access to the filing to the Court, the United States Attorney’s Office, and counsel for the Defendant who is the subject of the Motion. Please note that this event is only available for use in Judge Baker’s cases. A filer will automatically be barred from using this event in any other judges’ criminal cases. III. SENTENCING MEMORANDUMS AND OTHER SENTENCING RELATED DOCUMENTS 1 1. Pursuant to Judge Baker’s Oral Order regarding the filing of sentencing materials in a restricted manner on the docket and record of the case, parties may choose to file a sentencing memorandum and other sentencing related documents in a restricted manner such that only the relevant defendant, the United States Attorney’s Office, the United States Probation Office, and the Court have access to the filing. Additionally, if the memorandum or other sentencing related document mentions a defendant’s cooperation, the pleading MUST be filed under seal. The parties may automatically file sentencing memorandum and other sentencing related documents under seal, and they should NOT submit a motion for leave to file such a pleading under seal pursuant to the Court’s Local Rule 79.7 (Sealed Documents). 2. Parties may file sentencing memorandums and similar sentencing materials in a restricted manner on the record of the case in CM/ECF using the Criminal Event, “Sealed Sentencing Memorandum.” This event can be located under Criminal Events → Other Filings → Other Documents → Sentencing Memorandum (Restricted Document). This filing will only be viewable by the Court, the United States Attorney’s Office, and counsel for the defendant who is the subject of the sentencing memorandum. Please note that this event is only available for use in Judge Baker’s cases. A filer will automatically be barred from using this event in any other judges’ criminal cases. 3. Should a party determine that sentencing materials need not be filed in a restricted manner on the record of the case in CM/ECF and that the materials should be available for access on the Court’s public record, the party should use the Criminal Event, “Sentencing Memorandum.” This event is located under Criminal Events → Other Filings → Other Documents → Sentencing Memorandum and is currently available for use in any criminal case. 1 These instructions regarding sentencing memorandums also pertain to other sentencing-related documents such as victim impact statements, character letters, and bench briefs. 6
=== Defendant's Statement re Hearing by Electronic Means (fillable PDF)* ===
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DIVISION UNITED STATES OF AMERICA, v. CASE NO.: Defendant. DEFENDANT’S STATEMENT REGARDING APPEARANCE VIA ELECTRONIC MEANS COMES NOW, , the Defendant in the above-styled case and hereby shows this Honorable Court as follows: 1. Defendant has been advised by counsel that the Court has set or will set this matter down for a hearing. Defendant understands that the Court has determined that the hearing must be conducted by electronic means due to the national emergency associated with the global spread of Coronavirus Disease 2019 (COVID-19). Defendant acknowledges that the Court has found that the hearing cannot occur in person and in court without serious jeopardy to public health and safety. 2. Defendant further understands that the Court will conduct this hearing by electronic means only if the Defendant consents to having the hearing by electronic means. If Defendant consents to holding the hearing via electronic means, all participants, including Defendant, the judge, counsel, and any witnesses will appear electronically via video teleconference (VTC) or, if video teleconference is not reasonably available, via telephone. 3. Defendant understands that Defendant may withhold consent and insist that the hearing be held in person. If Defendant does not consent to holding the hearing by electronic means, the Court will not schedule the hearing until a date uncertain in the future when the Court can safely conduct an in-person hearing. If Defendant does not consent to having the hearing by electronic means, the Court will not hold that refusal against Defendant. 4. Defendant, as evidenced by his/her signature below, acknowledges that he/she has been advised by counsel of the right to be physically present at every stage of this case, including trial, and any plea and sentencing hearing pursuant to Rule 43 of the Federal Rules of Criminal Procedure. Defendant also acknowledges that he/she has the right to see and confront all witnesses against him/her. Defendant’s attorney, as evidenced by signature below, has explained the same to Defendant. Defendant further acknowledges that he/she has had the assistance of counsel in reading and understanding this document. CHOOSE ONE OF THE FOLLOWING: ☐ Defendant hereby consents to the Court conducting the above-referenced hearing by electronic means and consents to appearing for the above-referenced hearing by electronic means. Defendant freely and voluntarily waives the right to be physically present in Court at the above-referenced hearing scheduled by the Court. Defendant consents to proceeding by video teleconference (VTC) and further agrees that in the event video teleconference (VTC) is not reasonably available or becomes unavailable during the hearing, the Court may proceed with conducting the hearing via telephone conference; and Defendant agrees and consents to proceed in the electronic manner provided by the Court. Defendant acknowledges that counsel has 2 explained the Court’s procedures for appearing via electronic means to Defendant, and Defendant understands the limitations inherent with proceeding electronically. ☐ Defendant does not consent to appearing via electronic means for the above- referenced hearing scheduled by the Court. Defendant understands and agrees that due to Defendant’s withholding of consent, the Court will not schedule the hearing until a date uncertain in the future. The Court will not hold the hearing until, in the Court’s judgment, the hearing can be conducted without jeopardizing the health and safety of the Defendant, the hearing participants, and the public. Signed this day of , 2020. Defendant Counsel for Defendant 3
=== Instructions and Procedures for Hearings by Electronic Means ===
THE HONORABLE R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA INSTRUCTIONS & PROCEDURES FOR HEARINGS CONDUCTED BY ELECTRONIC MEANS (VIDEO OR PHONE CONFERENCE) BEFORE DISTRICT JUDGE R. STAN BAKER April 1, 2020 These Instructions and Procedures apply in those cases that Judge Baker has entered an Order for Hearing by Electronic Means (video conference (“VTC”) or telephone conference). In accordance with that Order, the parties are directed to read and follow the instructions and procedures contained herein well in advance of any hearing scheduled before District Judge R. Stan Baker. For questions or concerns regarding any information contained herein, please contact Judge Baker’s Courtroom Deputy Clerk (“CRDC”), Pam Hammock, at 912-650-4081 or [email protected]. I. Defendant’s Statement Regarding Appearance Via Electronic Means • By the deadline set forth in the Order for Hearing by Electronic Means, Defendant’s counsel must e-file the executed form provided by the Court titled “Defendant’s Statement Regarding Appearance Via Electronic Means.” This form will be attached to the Oder for Hearing by Electronic Means and is also available on the Court’s website. Defendant and counsel shall use this form to indicate whether Defendant consents or declines to consent to a hearing by electronic means. Even if Defendant declines to consent to a hearing by electronic means, Defendant’s counsel must have this form executed and filed indicating that Defendant does not consent to proceed by electronic means. The form must be filed by the deadline set forth in the Order for Hearing by Electronic Means. When filing the executed form, please use the event in CM/ECF titled “Defendant Statement (VTC Hearing)” located under Criminal Events → Other Filings → Other Documents. • If the Court has previously scheduled an in person hearing and Defendant timely consents to having the hearing by electronic means, the CRDC will try to schedule a VTC hearing at the same date and time as previously scheduled. However, due to limited resources and strains on current technology, there may be a need to reschedule the hearing for a date when VTC is available. Once a VTC hearing date is confirmed, counsel for the parties will receive an email from the CRDC containing specific instructions and participant information for the video conference &/or telephonic conference. However, please review in advance the sections below containing general instructions for VTC and Telephonic Conferences. • If the Court has previously scheduled an in person hearing and Defendant does not consent to having the hearing by electronic means, the hearing will be cancelled until such time as Defendant consents or the Court determines that it can safely conduct the hearing in-person. • If a hearing date and time has not yet been scheduled by the Court and Defendant consents to proceed by electronic means, the CRDC will coordinate an available time for the hearing and will issue a Notice of Hearing in the case. Due to limited resources and strains on current technology, there may be a slight delay in scheduling the VTC hearing. Once a VTC hearing date is confirmed, counsel for the parties will receive an email from the CRDC in advance of the hearing containing specific instructions and participant information for the video conference &/or telephonic conference. However, please review the sections below containing general instructions for VTC and Telephonic Conferences. • If a hearing date and time has not yet been scheduled by the Court and Defendant does not consent to having the hearing by electronic means, a hearing will not be scheduled until such time as the Court determines that it can safely conduct the hearing in-person. • During the time period of the COVID-19 national emergency, should Defendant first decline to proceed by electronic means and later decide to consent to proceed with a hearing by electronic means, counsel for Defendant is directed to file a Motion requesting such a hearing and attaching the executed form entitled “Defendant’s Statement Regarding Appearance Via Electronic Means” provided by the Court. II. Hearings Conducted Via Electronic Means (Change of Plea, Sentencing, and Final Revocation – Supervised Release) • All persons granted access to any VTC or Telephonic Conference Hearing will do so remotely. Absent prior approval of the Court, only the presiding judge and any essential court staff will be physically present in the courtroom. All other persons, including attorneys, probation officers, marshals, witnesses, and victims must attend remotely (i.e. by electronic means) to safeguard the health and safety of the hearing participants and the public. If Defendant is detained, through coordination of the United States Marshals Service, Defendant will remotely participate in the hearing from Defendant’s holding facility. If Defendant is on pretrial release, Defendant will remotely participate in the hearing through coordination with Defendant’s counsel.1 • Persons granted remote access to any VTC or Telephonic Conference Hearing are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings. Violation of these prohibitions may result in sanctions, including contempt proceedings, removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Counsel should adequately advise any witness, victim, family member or other public party that they intend to have present or participate in the hearing of this prohibition. • With regard to any sentencing hearing held by electronic means, the parties and counsel are to continue to follow the procedures for the restricted electronic filing of presentence investigation reports and related documents in Judge Baker’s criminal cases. www.gasd.uscourts.gov/judge-baker-criminal-cases. Any questions or concerns in that regard should be directed to the CRDC well in advance of any hearing. 1 Due to the Court’s limited resources and strains on current technology, Defendant’s counsel will not be able to utilize the Court’s VTC or telephonic conference capabilities for attorney-client discussions prior to a hearing. If Defendant is detained, counsel must make arrangements directly with Defendant’s respective holding facility or by contacting the United States Marshals Service. Only if those efforts first prove unsuccessful should counsel contact the CRDC to resolve the issue. 2 • In advance of any Change of Plea Hearing held by electronic means, it will be the responsibility of the Assistant United States Attorney (“AUSA”) in the case to provide to the CRDC fully executed copies of the below documents required in anticipation of an entry of a guilty plea in advance of the hearing.2 1. Summary of Plea Agreement 2. Executed Plea Agreement 3. Executed Change of Plea Sheet • Should either party anticipate the need to request that a hearing or any portion of a hearing be conducted under seal, counsel for the party must notify the CRDC well in advance of the hearing and at least 72 hours prior to a hearing. III. Witnesses, Victims and Evidence • As directed in the Court’s Order, counsel for each party is responsible for making arrangements for the presentation of any witnesses and/or evidence counsel anticipates offering during a hearing by electronic means. Therefore, the attorneys must notify the CRDC well in advance of a hearing and at least 72 hours prior to a hearing of any anticipated witnesses or evidence. Due to limited resources and strains on current technology, a witness will likely need to attend a VTC hearing with counsel, i.e. any witness will likely need to be in the same physical location as the attorney calling the witness and appearing at the hearing through counsel’s VTC connection; thus, it is imperative that counsel immediately communicate any witness issues or concerns to the CRDC in advance of the hearing. • It will be the responsibility of the United States Attorney’s Office to notify any victims of any electronic hearings and to make arrangements for any victims desiring to participate in the hearing to do so. As with witnesses, due to limited resources and strains on current technology, a victim desiring to participate in the hearing will likely need to attend a VTC hearing with counsel, i.e. any witness will likely need to be in the same physical location as the AUSA and appearing at the hearing through counsel’s VTC connection; thus, it is imperative that counsel immediately communicate any victim issues or concerns to the CRDC in advance of the hearing. • Counsel seeking to offer any exhibits during a hearing by electronic means must provide any and all exhibits that counsel may use during the hearing to the CRDC at least 72 hours prior to the hearing. Counsel must mark the exhibits and provide them via email to the CRDC in electronic format prior to the hearing. However, if email is unavailable due to the file type or file size of an exhibit, then the exhibit should be provided using an alternate electronic method (i.e. USAFx, CD-R, or USB Drive). Any questions or concerns regarding the presentation of exhibits should be directed to the CRDC well in advance of any hearing. 2 For purposes of these instructions, fully executed copies means: all forms must be fully filled out, and all signatures and dates of all signing parties must be contained in each referenced document. 3 IV. Video Teleconference (“VTC”) Instructions • For VTC Hearings, the Court will primarily use NVTCS (“National Video Tele- Conferencing Service”) provided by the Administrative Office of the U.S. Courts when available. • Where a network connection through NVTCS is available, the CRDC will provide specific information for the secure connection in advance of the hearing and will also provide information regarding Cisco Jabber Video software which is compatible with Windows or Mac and can be used on a computer, laptop or mobile device. Please keep in mind that in order to attend a VTC hearing, each participant will need, at a minimum, a computer equipped with a camera, microphone and speaker to fully participate in the hearing. • When NVTCS is not available, the Court may elect to use an alternate method for conducting a VTC hearing when available to the Court (i.e. Zoom, GoToMeeting, etc.). The CRDC will provide specific information to the parties in advance of any hearing. V. Telephonic Conference Instructions • For Telephonic Conference Hearings, the Court will use its AT&T Reservationless Conferencing line. The CRDC will provide dial-in information for the call which will include a Security Code specific to each and every hearing. • To avoid disruption during a hearing, call participants should mute the call on their end to avoid background noise and should avoid speaking over other call participants. Additionally, call participants should consider dialing in from a land line phone to avoid connection issues and interference common when using cellular telephones. 4
=== Standing Order Regarding In-Person Hearings Before Judge R. Stan Baker In Light of the Coronavirus (COVID-19) Pandemic ===
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA IN RE: Standing Orders for R. Stan Baker, United States District Judge, Southern District of Georgia, Miscellaneous Case No.: 4:20-mc-05 STANDING ORDER REGARDING IN-PERSON HEARINGS BEFORE JUDGE R. STAN BAKER1 IN LIGHT OF THE CORONAVIRUS (COVID-19) PANDEMIC The Court has been closely monitoring the national emergency surrounding the global spread of the Coronavirus Disease 2019 (COVID-19) and keeping apprised of guidance and information provided by the Center for Disease Control and Prevention (“CDC”) and other national and local public health authorities regarding the pandemic. The Honorable J. Randal Hall, Chief Judge, determined that during the national emergency, “a felony plea under Rule 11, Federal Rules of Criminal Procedure, and a felony sentencing under Rule 32, Federal Rules of Criminal Procedure, cannot occur in person and in court without serious jeopardy to public health and safety.” Order, IN RE: The National Emergency Declared on March 13, 2020, 1:20-MC-005, ECF No. 1 (March 30, 2020). Unfortunately, the risks posed by COVID-19 have not abated, and the continued spread of the virus prevents the Court from being able to regularly conduct in-person hearings safely. Thus, for the time being, Judge Baker continues to conduct most hearings via electronic means. However, in some cases, practical considerations prevent the Court from holding a hearing via electronic means. Additionally, some defendants in criminal cases have declined to consent to 1 The directives of this Order only apply to hearings before Judge Baker. holding a hearing by electronic means.2 The administration of justice in these cases should not be delayed indefinitely. Further, having considered recent guidelines issued by the CDC and others, the Court finds that, with the limitations and safety precautions set forth below, the Court may safely conduct limited in-person hearings. As such, the following limitations and precautions shall be required when conducting in-person hearings before Judge Baker until further order of the Court.3 Health Screening. Any and all individuals attending an in-person hearing before Judge Baker must be screened at the entrance of the courthouse. In accordance with current Court policies, all individuals entering the courthouse will be screened for a temperature of 100.0 or higher and may be asked questions regarding potential exposure to and symptoms of COVID-19. Courtroom Sanitation Practices. In coordination with the General Services Administration, the courtroom shall be cleaned as frequently as possible and as soon after each use as possible. Additionally, hand sanitizer, sanitizing wipes, facial tissue, etc. will be placed in the courtroom for use by hearing attendees. Personal Protective Equipment (“PPE”). All individuals entering the courthouse must, at a minimum, wear a fabric or disposable surgical-style mask during the entire time that they are in the courthouse. The mask must fit snugly against the individual’s face and must 2 In situations where a defendant in a criminal case has declined to consent to a hearing by electronic means and the Court has set an in-person hearing, if the defendant later (but prior to the hearing) decides to consent to holding the hearing by electronic means, defendant’s counsel shall immediately notify the Court of that consent, and the Court may set the hearing by electronic means. 3 Counsel of record for a party shall properly notify and advise their client and any victims, witnesses, or other persons attending an in-person hearing of this Standing Order and its requirements. Any questions regarding any of the information contained in this Standing Order shall be directed to Judge Baker’s Courtroom Deputy Clerk. 2 cover their nose and mouth. Bandanas, scarves, neck gaiters, buffs, and the like are not acceptable. A non-medical grade mask that has exhalation valves with or without filters may not be worn unless a surgical style mask is worn over it. A mask will be provided to anyone who does not have an acceptable mask and who is seeking entrance to the courthouse to attend a hearing. Individuals not allowed in Courtroom. Pursuant to the Standing Order issued by the Honorable J. Randal Hall, Chief Judge, on March 17, 2020, in Case No. 1:20-mc-004, individuals falling into certain categories shall be denied admittance into any of this district’s courthouses even if they are scheduled to attend a hearing. Further, individuals should not attend an in-person hearing or otherwise attempt to enter the courthouse if they have tested positive for COVID-19 in the last 14 days or are awaiting the results of a test for COVID-19; have come into contact with anyone in the past 14 days who has tested positive for COVID-19 or is awaiting the results of a test for COVID-19; have any symptoms of COVID-19 including fever, cough, shortness of breath, fatigue, muscle or body aches, headache, loss of taste or smell, sore throat, congestion or runny nose, nausea, or vomiting; or otherwise suspect that they have been exposed to COVID-19. As soon as any individual required to attend an in-person hearing before Judge Baker anticipates that they will not be able to attend the hearing because of the above-listed restrictions, or any other reason, the person (or in the event of a represented party, their counsel) shall immediately contact Judge Baker’s Courtroom Deputy Clerk. Additionally, the Court Security Officer performing the above health screening shall immediately notify the Courtroom Deputy Clerk of the name of any individuals scheduled to appear before Judge Baker who are denied admittance to the courthouse. 3 Accommodations for Individuals Seeking to Be Excused from Appearing for an In-Person Hearing. Should any person seek to be excused from appearing in-person for a hearing before Judge Baker for any reason, including but not limited to the individual’s high risk for severe illness as defined by the CDC, the person shall notify Judge Baker’s Courtroom Deputy Clerk at least seventy-two hours prior to the hearing unless such amount of time is not practicable. Any such requests must also include a proposed accommodation. A represented party or a witness for a represented party shall make such a request through the party’s counsel of record. Public Access to In-Person Hearings. At this time, in-person attendance at in-person hearings before Judge Baker will be limited to hearing participants only. The public has access and will continue to have access to all public hearings held before Judge Baker by way of the Court’s Public Teleconference Line. All hearing notices for any in-person hearings shall include information for the public to access the Court’s Public Teleconference Line. Members of the public, including any family members of any defendant in a criminal case, are encouraged to utilize this line to attend in-person hearings by electronic means. Courtroom Occupancy and Permitted Attendees. As indicated above, the Court will only allow hearing participants to enter the courtroom. Additionally, the participants to the hearing shall only be in the courtroom during the hearing for which they are participating. Participants shall remain outside the courtroom until their hearing begins and shall vacate the courtroom at the conclusion of the hearing. For civil cases, the Court will delineate the participants for each in-person hearing in the order setting the hearing. For criminal cases, the participants allowed in the courtroom shall only include the Judge, the Courtroom 4 Deputy Clerk, the official Court Reporter, the defendant, the defendant’s attorney, one attorney for the United States, one law enforcement officer or other “table representative” for the United States, one United States Probation Officer, witnesses that will be called during the hearing, and the Court Security Officers and United States Marshal Service Deputies necessary to maintain the security of the courtroom. No other individuals shall be permitted within the courtroom for a criminal hearing without prior approval of the Court. If any party anticipates calling any witnesses during the hearing or otherwise desires to have any other person present in the courtroom during the hearing, the attorney for that party shall notify Judge Baker’s Courtroom Deputy Clerk of the witness or other person’s identity and their anticipated role in the hearing well in advance of the hearing and in no event less than seventy-two hours prior to the hearing. Prior to the hearing, any witnesses will be placed either within the courtroom at an appropriate distance from all other participants or immediately adjacent to the courtroom where indicated by the Court Security Officer or Courtroom Deputy Clerk. Social Distancing in Courtroom. Every person attending an in-person hearing must practice social or physical distancing at all times. This means keeping at least six feet (approximately two arms’ length) of space between each person present in the courtroom. There may be certain circumstances wherein it is more difficult to maintain proper distancing while in the courtroom (i.e. attorney-client communications). However, the Court expects that all individuals in the courtroom will limit close contact with others as much as possible. Seating within the courtroom will be arranged and marked in such a way as to maintain proper spatial distancing. Individuals entering the courtroom should be 5 seated where indicated by the Court Security Officer or Courtroom Deputy Clerk and shall not rearrange seating in the courtroom. Electronic Documents. There shall be no passing of any documents, papers or writing instruments of any kind amongst individuals present in the courtroom during the hearing. Any and all documents, including plea agreements, change of plea sheets, consents, stipulations, etc. must be executed by the parties prior to the hearing and submitted to the Courtroom Deputy Clerk by email or electronic filing. Counsel must provide any and all exhibits that counsel may use during the hearing to Judge Baker’s Courtroom Deputy Clerk at least seventy-two hours prior to the hearing. Counsel must mark the exhibits and provide them via email to the Courtroom Deputy Clerk in electronic format prior to the hearing. However, if email is unavailable due to the file type or file size of an exhibit, then counsel should provide the exhibit using an alternate electronic method (i.e., USAFx, CD- R, or USB Drive). Any questions or concerns regarding the presentation of exhibits should be directed to the Courtroom Deputy Clerk well in advance of any hearing. The Court appreciates the cooperation of all individuals in attending to this matter during this time and in assisting the Court in meeting its solemn obligations while safeguarding the health and safety of all parties, officers of the Court, and the Court’s personnel. SO ORDERED, this 4th day of September, 2020. R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA 6
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