; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ;

Hon. David Counts · U.S. District Court for the Western District of Texas

Role: District Judge

Bluebook Citation: Hon. David Counts, ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ;, U.S. District Court for the Western District of Texas

Judge Profile: Hon. David Counts profile and standing orders


Text

=== 26-02-18-General-Order-re-speedy-trial-due-to-measles-outbreak.pdf ===

IN THE UNITED STATES DISTRICT COURT FILED FOR THE WESTERN DISTRICT OF TEXAS FEB 18 2006 MIDLAND/ODESSA AND PECOS DIVISIONS CLERK, U.S. DISTRICT WESTERN D aa BY DEPUTY CLERK GENERAL ORDER REGARDING SPEEDY TRIAL ACT On this day the Court considered the measles outbreak currently impacting West Texas Detention Facility and its implications on speedy trial rights under 18 U.S.C. § 3161. The Court and counsel have been informed that because of the outbreak, a quarantine/lockdown has been imposed by the facility for safety and reduction of further spread. An “ends of justice” continuance under 18 U.S.C. § 3161(h)(7)(A) is typically used to effectuate limited delays in response to case-specific needs.! The Court nevertheless concludes that broader “ends of justice” continuances are necessary and appropriate in the Midland/Odessa and Pecos Divisions of the Western District of Texas due to the present measles outbreak, which has affected over one hundred inmates to date. Although the Court is mindful of its constitutional responsibilities, the need to protect the health of those affected by this outbreak currently outweighs the important rights of individual defendants and the public to speedy trials. The Court reaches this conclusion after careful consideration of the factors set forth in 18 U.S.C. § 3161(h)(7)(B). Specifically, the Court finds that exclusion of time from the respective speedy trial periods is necessary to protect the health and safety of jurors and prospective jurors, court staff and employees, counsel, law enforcement personnel, the public, and not least of all, the accused themselves. 1. United States v. Gordon, 93 F.4th 294, 305 (5th Cir. 2024) (citing Zedner v. United States, 547 U.S. 489, 498-99 (2006 . For these reasons, the Court finds that the ends of justice outweigh the interest of the Defendants and of the public in a speedy trial, and that the period of time from February 12, 2026 through March 4, 2026, is excludable time within the Speedy Trial Act, 18 U.S.C. § 3161, and is hereby EXCLUDED from respective speedy trial calculations pursuant to 18 U.S.C. § 3161(0)(7)(A). It is so ORDERED. SIGNED this 18% day of February, 2026. DAVID COUNTS UNITED STATES DISTRICT JUDGE

=== 24-07-02-Order-Withdrawing-Standing-Order.pdf ===

FILED JUL — 2 2024 CLERK, U.S_ DISTRICT CLERK WESTERN ICT OF TEXAS IN THE UNITED STATES DISTRICT COURT BY. EGE soy FOR THE WESTERN DISTRICT OF TEXAS MIDLAND/ODESSA AND PECOS DIVISIONS § § ORDER WITHDRAWING STANDING ORDER ON DISCLOSURE AND DISSEMINATION OF PRESENTENCE INVESTIGATION REPORTS It is ORDERED that the Standing Order on Disclosure and Dissemination of Presentence Investigation Reports entered by this Court on November 28, 2018, is WITHDRAWN and VACATED. It is so ORDERED. SIGNED this 2™ day of July, 2024. Mi (Az DAVID CQUNTS United States District Judge

=== 2nd_General_Criminal_Order_Measles_Outbreak03042026-1.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS MIDLAND/ODESSA AND PECOS DIVISIONS § § § SECOND GENERAL ORDER REGARDING SPEEDY TRIAL ACT On this day the Court considered the measles outbreak currently impacting West Texas Detention Facility and its implications on speedy trial rights under 18 U.S.C. § 3161. The Court and counsel have been informed that because of the outbreak, a quarantine/lockdown has been imposed by the facility for safety and reduction of further spread. An “ends of justice” continuance under 18 U.S.C. § 3161(h)(7)(A) is typically used to effectuate limited delays in response to case-specific needs.1 The Court nevertheless concludes that broader “ends of justice” continuances are necessary and appropriate in the Midland/Odessa and Pecos Divisions of the Western District of Texas due to the present measles outbreak, which has affected over one hundred inmates to date. Although the Court is mindful of its constitutional responsibilities, the need to protect the health of those affected by this outbreak currently outweighs the important rights of individual defendants and the public to speedy trials. The Court reaches this conclusion after careful consideration of the factors set forth in 18 U.S.C. § 3161(h)(7)(B). Specifically, the Court finds that exclusion of time from the respective speedy trial periods is necessary to protect the health and safety of jurors and prospective jurors, court staff and employees, counsel, law enforcement personnel, the public, and not least of all, the accused themselves. 1. United States v. Gordon, 93 F.4th 294, 305 (5th Cir. 2024) (citing Zedner v. United States, 547 U.S. 489, 498–99 (2006 . FILEDDEPUTY CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS BY: ________________________________March 04, 2026David Cano For these reasons, the Court finds that the ends of justice outweigh the interest of the Defendants and of the public in a speedy trial, and that the period of time from March 5, 2026 through March 22, 2026, is excludable time within the Speedy Trial Act, 18 U.S.C. § 3161, and is hereby EXCLUDED from respective speedy trial calculations pursuant to 18 U.S.C. § 3161(h)(7)(A). It is so ORDERED. SIGNED this 4th day of March, 2026. __________________________________ DAVID COUNTS UNITED STATES DISTRICT JUDGE 2

=== StandingOrderforEvidenceinAllCasesMO.pdf ===

FILED January 18, 2024 CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS IN THE UNITED STATES DISTRICT COURT _ 8¥: Toni Appelt FOR THE WESTERN DISTRICT OF TEXAS DEPUTY MIDLAND/ODESSA AND PECOS DIVISIONS STANDING ORDER FOR EVIDENCE IN ALL CASES Any party that intends to present evidence at trial that requires the use of technology must communicate their intention to the Courtroom Deputy one week in advance of trial. The Court will then determine whether the Court can provide sufficient equipment to present the evidence or, on rare occasion, whether the parties should provide their own technology. Counsel may request access to the courtroom in advance of trial to resolve technical issues and test audio/visual equipment. The parties must also provide the Courtroom Deputy with digital copies of their exhibits one week in advance of trial. Counsel must clip in advance all audio and video recordings provided to the Courtroom Deputy unless Counsel intends to play recordings in their entirety. Any recording that exceeds 500 megabytes must be segmented into clips to be run consecutively at trial and named accordingly. Files that do not meet the Jury Evidence Recording System requirements on the Court’s website,! along with proprietary, password protected, or otherwise locked files will not be accepted. Lidl” It is so ORDERED. SIGNED this 17th day of January, 2024. DAVIDCOUNTS UNITED STATES DISTRICT JUDGE | A quick reference guide to the JERS requirements is attached to this Standing Order. Jury Evidence Recording System (JERS) Requirements Time Frame for Submitting Exhibits All files must be submitted based on the deadline set by the presiding Judge or CRD associated with your case. Your timeliness in submitting these files will assist the Court in preparing for the trial. Exhibits submitted that do not meet the Court’s requirements will be returned for correction. How to Submit Electronic Files All files must be provided on a single storage device such as a USB, CD or DVD. Requirements for Exhibit File Types All electronic evidence must be provided using the following formats: ° Documents and Photographs: .pdf, .jpg, .bmp, .tif, .gif . Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav, .3gpp VERY Important: The individual file size of documents (pdf) should not exceed 10 MB. Do not include active links or embedded launches in submitted PDF exhibits. The individual file size of audio and video should not exceed 500 MB. If possible, exhibits approaching or exceeding this size limit should be separated into multiple files. PDF documents can often be reduced significantly in size by using tools such as Adobe's "Reduce File Size" feature. Images can be significantly reduced in file size by lowering its resolution or dimensions, usually with minimal affect to viewing quality. Naming Your Files All file names MUST be named using the following naming convention. Not using this exact naming convention will cause problems in our office when uploading your exhibit files. The file name begins with the exhibit number, followed by an underscore to designate that the remaining text of the file name is the description of the exhibit. EXHIBIT Exhibit Number(underscore)Exhibit Description(.)File Exension Nama — Example: 1”Photograph of Gun.PDF Note: An underscore MUST be placed between the exhibit number and exhibit description. DO NOT use an underscore anywhere else in the exhibit file name. SUB EXHIBIT Exhibit Number(dash)Sub Letter(Underscore)Exhibit Description(.)File Extension Example: 1-A_Photograph of Gun Marked Up.pdf Note: For Sub Exhibits, place a dash between exhibit number and sub letter. The underscore is then placed after the sub letter. JERS Orders Exhibits in the Examples of Valid Exhibit File Names: following manner Exhibit Exhibit File Name Te 1.Photograph 1_Photograph.jpg Ente # | Part 1.A.Photograph — Marked Up 1-A_Photograph Marked.jpg 1 AL 2.2009 Tax Return 2.2009 Tax Return.pdf 1 A2 2.A. Schedule F 2-A_Schedule F.pdf i AAL 2.A1. Schedule F Marked Up 2-Al_Schedule F Marked Up.pdf i AA2 2.A2. Schedule F Revised 2-A2_ Schedule F Revised.pd 1 AAAI 2.B. Schedule H 2-B_Schedule H.pdf 1 AAA2 1 Bl 3.Camera Footage 3_Camera Footage. wmv 1 B2 Identifying Your Exhibits The exhibit number needs to be clearly displayed on the first page of each exhibit. i.e. “P 1” or “Plaintiff Exhibit 1” appended on the bottom right hand corer, either typed or written on the following label: . Plaintiff's Exhibits : Important i.e. “D 1” or “Defendant Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label: Defendant's Exhibits i.e. “G 1” or “Government Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label: Government's Exhibit ie. “J 1” or “Joint Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label: Joint Exhibits O/LI/I9

=== Order-for-Attorney-Admissions-080222.pdf ===

FILED August 02, 2022 IN THE UNITED STATES DISTRICT COURT CLERK, U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS MIDLAND/ODESSA AND PECOS DIVISIONS _ sy: L. Gonzales DEPUTY § § § ORDER FOR ATTORNEY ADMISSIONS This Order establishes the policy on Attorney Admissions for the Midland/Odessa and Pecos Divisions of the Western District of Texas. Attorneys seeking admission to this District in the Midland/Odessa and/or Pecos Divisions shall submit the application materials described in Local Rule AT-1. Attorneys will file all applications electronically and, in the manner, set forth on the Court’s website, https://www.txwd.uscourts.gov/for-attorneys/attorney-admission/ . The Clerk of the Court (or his designee) will evaluate submitted applications for compliance with Local Rule AT-1’s requirements. The Clerk himself (or his designee) will approve the application unless the applicant has disciplinary actions, grievances, involuntary removals, criminal offenses, or denial of admission to the bar of any State or federal court; in such cases, the application will be forwarded to the Midland/Odessa and/or Pecos Divisions’ Attorney Admissions Committee for further review and the committee will have final authority on approval of the application. It is therefore ORDERED that the Court adopt this policy on Attorney Admissions in the Midland/Odessa and Pecos Divisions of the Western District of Texas. It is so ORDERED. SIGNED this 2"! day of August, 2022. Md ick DAVID GOUNYS UNITED STATES DISTRICT JUDGE

=== Order-Regarding-Cell-Phone-and-Electronic-Devices.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS„. ^ MIDLAND/ODESSA &PECOS DIVISIONSWESTERn'^t|Jct^^^ X BY A// //"'l^PUTYCUIRK filed aUG 31 7niS ORDER REGARDING CELL PHONE AND ET^EOTRONIC DEVICES At the discretion of the Court, only attorneys and accompanying associates may bring cellular telephones and other electronic devices into the United States Courthouse (200 E. Wall Street, Midland, Texas; 410 S. Cedar, Pecos, Texas; and 2450 N. Highway 118, Alpine, Texas). No other individuals are permitted this privilege. The photographing, recording, broadcasting or televising of any person, object, or proceeding inside the United States Courthouse (Midland, Pecos, and Alpine) IS not permitted, unless authorized by the Court. The United States Marshals Service and Court Security Officers shall be vigilant in ensuring cellular telephones with camera capabilities, cameras, or other recording devices are not used to photograph, record, broadcast, or televise any person, object, or proceeding. Anyone violating this Order is subject from the United States Courthouse, being fined for disobedience of this Order, and having the electronic device(s) forfeited to the United States Marshals Service. to removal Cellular telephones must be turned off while inside any courtroom. Cellular telephones may be used outside the courtroom provided they are used in a reasonable and non-disruptive manner. This Order supersedes any previous pertinent order. It is so ORDERED. L SIGNED this Si day of August, 2018. DAVID^OUNTS UNITED STATES DISTRICT JUDGE

=== Order-Regarding-Public-Access-to-Plea-Agreements-and-Sentencing-Documents-Filed-in-the-Midland-Odessa-and-Pecos-Divisions-071520.pdf ===

FILEDDEPUTY CLERK, U.S. DISTRICT CLERK WESTERN DISTRICT OF TEXAS BY_______________________________July 15, 2020J. Aguero

=== Order-Regarding-Standing-Orders.pdf ===

FILED NOV 28 2018 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS MIDLAND/ODESSA AND PECOS DIVISIONS STANDING ORDERS It is the responsibility of the parties in each case to obtain a copy of and abide by the Local Rules and Standing Orders for the District and these Divisions. Local Rules and Standing Orders are available on the United States District Court/Western District of Texas internet website at www.txwd.uscourts.gov (standing orders may be found by clicking on the Local Rules & General Orders Tab on the home ot It is so ORDERED this OY ay of November, 2018. Jar DAVID COUNTS United States District Judge

=== Standing-Discovery-Order-072720.pdf ===

(cid:41)(cid:44)(cid:47)(cid:40)(cid:39) July 27, 2020 (cid:38)(cid:47)(cid:40)(cid:53)(cid:46)(cid:15)(cid:3)(cid:56)(cid:17)(cid:54)(cid:17)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:38)(cid:47)(cid:40)(cid:53)(cid:46)(cid:3)(cid:3) (cid:58)(cid:40)(cid:54)(cid:55)(cid:40)(cid:53)(cid:49)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:50)(cid:41)(cid:3)(cid:55)(cid:40)(cid:59)(cid:36)(cid:54)(cid:3)(cid:37)(cid:60) J. Aguero (cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66) DEPUTY

=== Standing-Order-Governing-Patent-Proceedings-080222.pdf ===

FILEDDEPUTY CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS BY: ________________________________August 02, 2022J.A.

=== Standing-Order-On-Acceptance-Of-Responsibibility.pdf ===

FILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS NOV 28 2018 MIDLAND/ODESSA & PECOS DIVISONS CLERK, U8\\DISTRICT CLERK Nea N DISTRICT OF TEXAS § / DEPUTY § STANDING ORDER ON ACCEPTANCE OF RESPONSIBILITY In the event counsel plans to substitute a letter for a client’s discussion with the U.S. Probation Office as that office prepares its Presentence Investigation Report, the letter must allow the Court to understand sufficient detail of the offense and that the accused accepts responsibility. Therefore, any letter written to substantiate acceptance of responsibility in a criminal case in these divisions must, at a minimum: 1. fully address the defendant’s conduct related to the counts(s) of conviction; 2. follow the acceptance of responsibility guideline in every particular; and 3. be provided to the probation officer within thirty (30) days from the date of the defendant’s guilty plea. Acceptance of responsibility will not be awarded unless the requirements of this Order are followed, and then at the discretion of the Court. Signed this 20 day of November, 2018. DAV{D COUNTS United States District Judge It is so ORDERED.

=== Standing-Order-on-Case-Management-072722.pdf ===

FILEDDEPUTY CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS BY: ________________________________July 27, 2022JA

=== Standing-Order-On-Certificate-Of-Conference-In-Motions-For-Continuance.pdf ===

FILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS MIDLAND/ODESSA AND PECOS DIVISIONS § § STANDING ORDER ON CERTIFICATE OF CONFERENCE IN MOTIONS FOR CONTINUANCE Motions for continuances filed in the U.S. District Court for the Midland/Odessa and Pecos Divisions of the Western District of Texas must include a Certificate of Conference stating that all parties have conferred. The Certificate of Conference shall state each party’s position regarding the motion. It is so ORDERED. Signed this Zt Say of November, 2018. DAVID COUNTS United States District Judge

=== Standing-Order-on-Number-of-Motions-for-Summary-Judgment-092321.pdf ===

FILEDDEPUTY CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS BY: ________________________________September 23, 2021J. Aguero

=== Standing-Order-Referring-Criminal-Pretrial-Matters-To-The-U.S.-Magistrate-Judge.pdf ===

FILED IN THE UNITED STATES DISTRICT COURT NOV 2.8 2018 FOR THE WESTERN DISTRICT OF TEXAS CLERK s MIDLAND/ODESSA AND PECOS DIVISIONS WESTERN, TRIGT OF TEAAS BY § DEPUTY § STANDING ORDER REFERRING CRIMINAL PRETRIAL MATTERS TO THE U.S. MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636(b)(3), a United States Magistrate Judge may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States. Additional duties include the administration of felony guilty pleas entered pursuant to FED.R.CRIM.P. 11, upon consent of the Defendant and subject to final approval and sentencing by the United States District Judge. See United States v. Williams, 23 F. 3d. 629 (2"4 Cir. 1994). Accordingly, felony FED.R.CRIM.P. 11 guilty pleas in cases assigned to the undersigned in the Midland/Odessa and Pecos Divisions of the Western District of Texas, are hereby referred to the respective division’s U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(b)(3), upon the consent of the Defendant and subject to the final approval and imposition of sentence by the U.S. District Judge. Upon the administration of a guilty plea pursuant to this Order, the U.S. Magistrate Judge shall file appropriate proposed findings of fact and recommendations. Further, pursuant to 28 U.S.C. § 636(b)(1)(A), a United States Magistrate Judge may be designated to hear and determine criminal pretrial matters, with certain limitations. Such additional duties include the entry of pretrial discovery and scheduling orders to expedite the manner in which discovery and other pretrial matters may be completed. Accordingly, the entry of pretrial discovery and scheduling orders are assigned to the U.S. Magistrate Judges for the Midland/Odessa and Pecos Divisions, respectively, for all criminal matters pending before the undersigned. It isso ORDERED. SIGNED PT oy of November, WUE ma DAVaD COUNTS United States District Judge

=== Standing-Order-Referring-Social-Security-Matters.pdf ===

FILED IN THE UNITED STATES DISTRI d S DIS CT COURT NOV 28 2018 FOR THE WESTERN DISTRICT OF TEXAS MIDLAND/ODESSA AND PECOS DIVISIONS Pearse Lal rind BY. § § STANDING ORDER REFERRING SOCIAL SECURITY MATTERS Social Security matters are hereby referred to the United States Magistrate Judges of the Midland/Odessa and Pecos Divisions, respectively, to conduct preliminary proceedings in accordance and not inconsistent with 28 U.S.C. § 626(b) and Appendix C, Local Rules for Assignment of Duties to the United States Magistrate Judges. It is so ORDERED. Signed this 28. of Oy DAVID COUNTS United States District Judge

=== Standing-Order-Regarding-Patent-and-Trademark-Cases-080222.pdf ===

FILEDDEPUTY CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS BY: ________________________________August 02, 2022J.A.

=== Standing-Order-Regarding-Referral-of-Petty-Cases-Pecos-Division.pdf ===

FILED UNITED STATES DISTRICT COURT SEP 2 8 2016 WESTERN DISTRICT OF TEXAS CLERK, us/(A09k court PECOS DIVISION WESTERN F TEXAS § / : DEPUTY § STANDING ORDER § RE: REFERRAL OF PETTY CASES § § STANDING ORDER Unless the Court notifies the Clerk of the Court otherwise, the Clerk shall appoint the Federal Public Defender to represent all defendants in cases charged as petty offenses before the Court in the Pecos Division of the Western District of Texas. The Federal Public Defender and the Government shall notify the Court of any potential conflicts of interest that may arise from such appointments. IT IS SO ORDERED. SIGNED this 28" day of September, 2016. “ DAVID FANNIN * United States Magistrate Judge

Chat with this judge practice using AI

Ask CiteLaw's AI Navigator anything about this judge practice, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.