DISTRICT OF NEW JERSEY
COVID-19 RECOVERY GUIDELINES
COURT SECURITY COMMITTEE
Michael A. Shipp, U.S.D.J., Chair Steven C. Mannion, U.S.M.J.
Madeline Cox Arleo, U.S.D.J. Juan Mattos, U.S.M.S.
Douglas E. Arpert, U.S.M.J. Stacey L. Meisel, U.S.B.J.
Renée Marie Bumb, U.S.D.J. Jon Muller, U.S. Pretrial
Theresa Burnett, U.S.D.C. Jeanne Naughton, U.S.B.C.
Michael A. Hammer, U.S.M.J. John O’Brien, U.S.D.C.
Brian Kemner, U.S.D.C. Jerry Sanseverino, U.S.M.S.
Susan Smalley, U.S. Probation
Approved and Adopted by the Board of Judges on May 19, 2020.
DISTRICT OF NEW JERSEY COVID-19 RECOVERY GUIDELINES
The Court Security Committee is closely monitoring government policy changes, Centers
for Disease Control and Prevention (CDC) guidelines, and public health advancements.
The health and welfare of each Judiciary employee, contractor, and member of the public
who enters our facilities should be paramount in the decisions that are made as these
guidelines are implemented. This guidance is designed to help facilitate a phased
approach to reopening the courthouses in the District of New Jersey. This document will
be updated periodically as facts develop and guidance is further refined.
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DISTRICT OF NEW JERSEY COVID-19 RECOVERY GUIDELINES
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ARE WE IN PHASE ONE?
NO.
The AO has provided gating criteria to consider when deciding when it is appropriate to begin
each phase. At this time, the State of New Jersey is under a Stay-at-Home Order. Once that
Order is lifted, we may consider setting a date to begin Phase One, depending on the gating
criteria conditions current at that time. The goal is to mitigate risk of resurgence while
protecting our vulnerable employees.
Judiciary Gating Criteria
Sustained downward
trending average of
cumulative daily COVID-19
case counts over a 14-day
period
No COVID-19 confirmed or
suspected cases in the
court facility within a
14-day period
Rescission of local
restrictive movement
and/or shelter-in-place
orders
OR
Confirmed or suspected cases
have occurred, but deep
cleaningof exposed areas and
applicable employee
self-quarantine actions have
been taken
CURRENT TARGET DATE FOR PHASE ONE IS JUNE 1, 2020.
If conditions significantly worsen or there is a resurgence of local COVID-19 cases, the Court
will consider reimplementing full social distancing measures, as necessary.
AND
AND
Consider each of the below before proceeding to Phased Opening:
FACILITY EXPOSURE CO M M UN ITY CASES COMMUNITY AC TION
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For updates on data regarding coronavirus cases visit
https://www.nj.gov/health/cd/topics/covid2019_dashboard.shtml
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DISTRICT OF NEW JERSEY COVID-19 RECOVERY GUIDELINES
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We cannot flip a switch and go back to business as usual or life as we knew it before thi s
pandemic.
The goal of Phase I is for courthouse personnel to gradually return to the courthouses.
Before we can open to the public, it is imperative that our chambers, staff, officers, and
employees safely transition back into the courthouse workspaces. Courthouse personnel
must begin to navigate and develop a level of comfort in the courthouse spaces under the
new safety protocols before we can welcome the public. Accordingly, courthouse
operations and the scope of work should continue in Phase I in the same manner as they are
presently operating. All proceedings should continue to be held by video and
teleconference. In Phase I, courts should continue to limit proceedings and must not
expand beyond the types of proceedings currently conducted.
Phase One
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THE CARES ACT
Section 15002(b)(2), indicates the use of video and telephone conferencing in felony pleas and sentencings,
requires the chief district judge, upon application by the Attorney General or on his or her (or another judge's)
motion, to "specifically find" that "felony pleas under Rule 11 of the Federal Rules of Criminal Procedure and
felony sentencings under Rule 32 of the Federal Rules of Criminal Procedure cannot be conducted in person
without seriously jeopardizing public health and safety.
Section 15002(b)(2)(A) directs that video and teleconferencing may be used for felony pleas and sentencings
only if, in addition to the (b)(2) finding by the chief district judge, "the district judge in a particular case finds
for specific reasons that the plea or sentencing in that case cannot be further delayed without serious harm to
the interests of justice."
Phase One
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The Courts Standing Order 2020-06 is similarly worded. “ORDERED that if a judge in an individual case finds,
for specific reasons, that any felony plea or felony sentencing, or any equivalent plea and sentencing . . .
cannot be further delayed without serious harm to the interests of justice, then, with the consent of the
defendant, or the juvenile, after consultation with counsel, the plea, sentencing, or any equivalent
proceeding, may be conducted by video conference, or by telephone conference if video conferencing is not
reasonably available[.]"
Guidelines
Ensure appropriate policies are in place regarding:
Social distancing and protective equipment
Notification, isolation, and contact tracing procedures
Sanitation and disinfection of common and high-traffic areas
Business travel
Reasonable Accommodation for employees (i.e., children’s schools or daycare closed, fear or
increased risk of exposure when using mass transit, caring for ill or vulnerable relatives in
household, etc.)
Ask employees to work with supervisors to stay home if they feel ill, self-monitor for indicative
symptoms
, and plan to return to work after consulting with a medical provider.
Implement policies and procedures for workforce contact tracing (where an individual was
present in a facility, trace who he/she was in contact with) following an individual’s positive
COVID-19 test.
Monitor the status of public infrastructure (i.e., transportation, medical, local businesses,
restaurants, etc.) to determine if adjustments in operational approach need to be made.
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The CDC has provided guidance on HOW BEST TO PROTECT YOURSELF AND OTHERS from COVID-19.
Per the CDC, all individuals should 1) wash their hands often; 2) avoid close contact; 3) cover their
mouths and noses with a cloth face cover when around others; 4) cover coughs and sneezes; and
5) clean and disinfect. The Court will address the CDC’s guidance through standing orders, postings,
signage, and protocols.
STANDING ORDER re: USE OF A MASK/FACE COVERING
FACE COVERING/MASK PROTOCOL AND SIGNAGE
GOOD HYGIENE SIGNAGE
FLOOR DECALS
ELEVATOR SIGNAGE
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html
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IMPLEMENT APPROPRIATE STANDING ORDERS
ORDER re: USE OF FACE MASKS/COVERINGS
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SIGNAGE FOR
ENTRANCES TO THE
COURTHOUSE
OUTSIDE OF THE
BUILDINGS
Examples of TYPES of signs only. Wording would be tailored to
meet our needs. Signs will be posted outside of each courthouse,
upon approval of GSA
.
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POSTING FOR
ENTRANCES TO THE
COURTHOUSES –
INSIDE OF THE BUILDINGS
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PROPOSED GOOD HYGIENE POSTING
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FLOOR DECALS
Decals will be tailored to meet our needs.
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ELEVATOR SIGN
Phase One
Discussion
Overview
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Employee Obligations
Discuss reasonable accommodations with
supervisors, if necessary
Maintain 6-foot social distancing
Perform daily health assessment prior to
coming into the courthouse
Human Resources Considerations
Encourage teleworking and staggering
days/weeks/hours
Assist in determining who should not return
based on guidance from the AO
Discuss reasonable accommodations
Facility Actions
Cleaning of the facilities
Closure of gyms, large venues, meeting areas,
and coffee shops
All individuals, WHEN IN THE OFFICE, should maximize physical distance
from others. Six-foot distancing should be observed in all offices and
meetings. Tape, decals or other visible means should be used to demark
six-foot distances where practical.
Phase One
Employee
Obligations
PRIOR TO COMING INTO THE OFFICE, all individuals should conduct a
health self-assessment, to include taking their temperatures. If an
individual’s temperature is > 100.4 or if an individual is exhibiting other
signs of COVID-19 infection, per CDC guidance, the individual should
immediately self-report to supervisors, stay home, and call his/her physician.
EACH PHASE OF THIS GUIDANCE ADDRESSES THOSE ASPECTS OF DAILY LIFE FOR WHICH RESTRICTIONS REMAIN
APPROPRIATE DUE TO COVID-19.
ALL VULNERABLE INDIVIDUALS should work with supervisors to
continue telework. Employees who live with or provide care for
vulnerable individuals should do the same to the greatest extent
possible to reduce chances that they could carry the virus to these
vulnerable individuals.
Discuss REASONABLE ACCOMMODATION options with supervisors for
those who rely solely on public transportation or have other
concerns.
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Phase One
Human Resources
Considerations
Continue to ENCOURAGE TELEWORK. Employees returning to work
should do so on a limited basis, returning only for part of the week, on
staggered work weeks, and/or staggered hours, whenever possible and
feasible. Initial staffing should be kept to a minimum.
RETURNING EMPLOYEES should not include vulnerable/high risk
employees or others requiring reasonable accommodations. These
employees should continue to telework.
WORK WITH SUPERVISORS to identify employees who, due to vulnerability
or other need for reasonable accommodation, need to continue telework.
Consider REASONABLE ACCOMMODATION options for those who rely
solely on MASS TRANSIT/PUBLIC TRANSPORTATION as this may put them
at a higher risk of exposure.
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Phase One
Human Resources
Considerations
Persons who satisfy one or more of the following criteria should not
report to work:
Persons subject to, living with, or caring for an individual who is subject
to a Federal, State, or local quarantine or isolation order related to
COVID-19;
Persons advised by a health care provider to self-quarantine due to
concerns related to COVID-19 or l iving with or caring for an
individual who has been advised to self-quarantine;
Persons considered “high risk” or living with or caring for an
individual who is considered “high risk” where local health officials
recommend such individuals remain at home due to concerns
related to COVID-19;
Persons experiencing symptoms of COVID-19 and seeking a medical
diagnosis or living with or caring for an individual who is
experiencing symptoms of COVID-19 and seeking a medical diagnosis;
and
Persons caring for a child if the school or place of care of the child has
been closed, or the childcare provider of such child is unavailable
due to COVID-19 precautions.
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Phase One
Facility Actions
Consider the use of “ENHANCED SCREENING” at facilities to mitigate
possible employee exposure. GSA will provide a contract vehicle for
courts to hire companiesto perform temperature checks and ask
screening questions for anyone entering a Judiciary facility. This
protocol must be coordinated with the local USMS and FPS staff.
Additional guidance on this will be forthcoming.
Coordinate with FEDERAL PARTNERS (USMS, FPS, GSA) AND OTHER
BUILDING SERVICE AND SUPPORT PROVIDERS regarding modification of
current security, building cleaning and maintenance services, and
additional amenities.
Increased cleaning of common areas and use of DEEP CLEANING for
exposed areas should continue.
LARGE VENUES AND COMMON AREAS (e.g., sit-down dining, courtrooms,
jury assembly rooms, etc.) should be closed to the greatest extent
possible. If not possible, keep occupancy rate to 10 or less and operate
under strict physical distancing protocols. Masks/face coverings must be
worn in common areas. Tape, decals or other visible markers should be
used to demark 6-foot distances where practical.
EMPLOYEE GYMS are currently closed and should remain closed.
COFFEE SHOPS shall remain closed for the duration of Phase I; however,
the vending machines shall remain fully stocked.
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An elevated temperature may be a poor single indicator of whether a person has acquired COVID-19; moreover,
individuals with COVID-19 may be asymptomatic and exhibit no signs of infection.
JUDICIAL CHAMBERS
CLERK’S OFFICE
PRETRIAL SERVICES
PROBATION
BANKRUPTCY
US MARSHAL’S SERVICE
GSA
Phase One
PROPOSED PLANS
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Phase I Plan for Judges in the District of New Jersey
Each judge shall have full autonomy in deciding the repopulation and return to work schedule for the members
of his/her chambers.
Judges shall continue to conduct proceedings via teleconference and videoconference. The only difference is
that many of these conferences will now be conducted from the courthouse.
Staff should return to work on a rotating or alternating schedule as deemed appropriate by each individual
judge. Most chambers are not large enough to accommodate a full staff return while maintaining appropriate
social distancing. A plan that allows each staff member to telework two or more days per week would be ideal.
All vulnerable individuals, including those who are caring for any vulnerable family members, have childcare
issues, or rely solely on public transportation, should continue to telework.
All employees should conduct a health assessment prior to reporting to work. Any individual feeling ill, or
exhibiting symptoms, should immediately report the same to the Judge, and contact his/her healthcare provider.
Masks shall be worn by employees consistent with District Court protocol upon entering the courthouse and
traversing common areas.
Public access to the Court should continue to be limited to emergent matters only.
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Phase I Plan for Judges in the District of New Jersey
EMERGENT MATTER COURTROOM DESIGNATIONS
Courtrooms have been designated by the U.S. Marshals Service for only those matters deemed emergent and
requiring an appearance:
Newark
Martin Luther King, Jr. Bldg. Courtroom 5D (vacant)
Lautenberg Post Office & Courthouse: Courtroom 2 (Judge Cheslers Courtroom)
Emergent Bankruptcy Proceedings: Courtroom 3E (Judge Gambardella)
Trenton
Courtroom 5W (Judge Shipp’s Courtroom)
Emergent Bankruptcy Proceedings: Courtroom 8 (Judge Kaplan)
Camden
Courtroom 5A (vacant)
Emergent Bankruptcy Proceedings: Courtroom 4C (Judge Poslusny)
BEST PRACTICES FOR REMOTE ACCESS AND
EXCHANGING COURT DOCUMENTS
Interns will continue to use their own personal laptops for remote access
during Phase One.
Remote work by interns makes the transference of confidential documents
among chambers staff problematic. Our Court IT policy prohibits the use of
public document sharing or public "cloud" technology such as DropBox,
Google Docs, etc.
Email, such as Yahoo and Google, is unsecured, and serious consideration
should always be given to the emailing of highly sensitive information.
If, however, confidential documents must be transferred, they can be emailed
securely between chambers and interns by password protecting the
documents, (http://10.34.184.5/automation/EncryptDoc.pdf).
Since the implementation of NextGen ECF, authentication to ECF with a court
account directly via the internet is no longer possible. Chambers will need
to create a shared “Federal Judiciary” PACER account to view documents
without incurring charges. On April 28, 2020, IT sent guidance to all CRDs,
detailing the steps required for chambers to create a “Federal Judiciary
PACER account.
Phase One
OFFSITE INTERNS
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Clerk’s Office Reopening Plan: Phase One
Clerk’s office staff will work in small teams with the majority of employees continuing to telework (Skeleton
Crew). Teams allow for safer conditions should an employee become exposed and this also prevents exposure
to others on a different team. Staggered hours may be authorized for staff reporting to the office. Any
vulnerable employee, including those with health, security, childcare or transportation concerns shall be allowed
to telecommute, even if on a designated team.
Masks shall be worn by employees reporting to the office pursuant to Protocol.
In order to maintain physical distance, visible means will be used to demark 6-foot distances between cubicles
and other common areas of the Clerk’s office. Employees may use common areas (kitchen, jury assembly room,
conference rooms) assuming 6-feet of distance can be maintained at all times.
All employees, including chambers staff, should conduct a health assessment prior to reporting to work. Any
individual feeling ill, or exhibiting symptoms, should immediately report to his/her supervisor, and, if required,
complete the COVID-19 questionnaire.
Public access to the Clerk’s office will continue to be limited to filings via the drop-box, written correspondence
and telephone calls and filings via ECF or help desk emails.
Judges will continue to conduct court proceedings via video or teleconference.
Jury trials will not resume in Phase One.
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Pretrial Services Agency Reopening Plan: Phase One
Pretrial Services’ staff will continue to work in small teams with the majority of employees continuing to
telework (Skeleton Crew). Teams allow for safer conditions should an employee become exposed thereby
limiting exposure to other staff on a different team. Staggered hours may be authorized for staff reporting to the
office based on court coverage needs. Any vulnerable employee, including those with health, security, childcare
or transportation concerns shall be allowed to telecommute, even if on a designated team, based on the needs
of the agency.
Masks shall be worn by employees reporting to the office pursuant to District Court Protocol.
Employees may use common areas (kitchen, interview rooms, conference rooms) assuming 6-feet of distance
can be maintained at all times.
All employees, to reduce risk, prior to coming into the office, should conduct a health self-assessment, to include
taking their temperature. If an individual’s temperature is 100.4 or above, or an individual is feeling ill, or
exhibiting other signs of COVID-19 infection, per CDC guidance, the individual should immediately report the
same to his/her supervisor, stay home, and call his/her physician. Thermometers will be made available in the
office for staff should they desire.
Public access to Pretrial Services office space will continue to be limited to emergent matters only. All other in-
person contact with defendants will be made outside of the Courthouse.
Pretrial Services Officers will continue to attend court proceedings via video or teleconference. A duty officer
will be available for emergency hearings and proceedings in the appropriate designated courtroom.
Routine in-person office reporting of defendants will not occur during Phase One.
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United States Probation Office Reconstitution Plan: Phase One
Probation staff will continue to work in small teams with the majority of employees continuing to telework
(Skeleton Crew). Teams will return to the office on a rotating basis each week, based on the needs of the agency.
All vulnerable individuals including those who are caring for any vulnerable family members, have childcare
issues, or rely solely on public transportation, will be among the last group of employees to return to the office
in the final phases.
All employees, to reduce risk, prior to coming into the office, should conduct a health self-assessment, to include
taking their temperature. If an individual’s temperature is 100.4 or above, or an individual is feeling ill, or
exhibiting other signs of COVID-19 infection, per CDC guidance, the individual should immediately report the
same to his/her supervisor, stay home, and call his/her physician. Thermometers will be made available in the
office for staff should they desire.
Masks shall be worn by employees reporting to the office pursuant to Probation Office protocol, which is
consistent with District Court protocol, upon entering the courthouse or their specific satellite office location.
Public access to Probation Office space will continue to be limited to emergent matters only. All other in-person
contact with defendants/individuals under supervision will be made outside of the Courthouse or satellite office
location.
Probation Officers will continue to attend court proceedings via video or teleconference. A duty officer will be
available at all times for emergency hearings and proceedings in the appropriate designated courtroom.
Routine in-person office reporting of defendants/individuals under supervision will not occur during Phase One.
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United States Bankruptcy Court Reconstitution Plan: Phase One
United States Bankruptcy Court staff will continue to work in small teams with the majority of employees
continuing to telework (Skeleton Crew). Teams will return to the office on a rotating basis each week, based on
the needs of the office. Staggered hours may be authorized for staff reporting to the office. All vulnerable
individuals including those who are caring for any vulnerable family members, have childcare issues, or rely
solely on public transportation, will be among the last group of employees to return to the office in the final
phases.
All employees should conduct a health assessment prior to reporting to work. Any individual feeling ill, or
exhibiting symptoms, should immediately report the same to his/her supervisor, and, if required, complete the
COVID-19 questionnaire.
Masks shall be worn by employees upon entering the courthouse consistent with the District Court Protocol.
Public access to the Clerk’s office will continue to be limited to filings via the drop-box, written correspondence,
telephone and filings via ECF.
Judges will continue to conduct court proceedings via video or teleconference.
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United States Marshals Service Reconstitution Plan: Phase One
USMS staff will continue to work in small teams which will report to the office on a rotating weekly basis, determined
by agency needs and workload requirements. The remaining teams will work remotely and be available for emergency
response if and as required. This allows for safer working conditions as it greatly reduces the possibility of cross
exposure between teams. Staggered hours may be authorized for staff reporting to the office to further reduce contact
among team members. All vulnerable employees, including those with health, security, childcare or transportation
concerns shall be permitted to work remotely, even if their designated team is scheduled to report for duty and will be
among the last group of employees to return to the office in the final phase.
All employees should conduct a health assessment prior to reporting to work. Any individual feeling ill or exhibiting
symptoms should immediately inform his/her immediate supervisor, complete the COVID-19 questionnaire as required,
and await guidance. Thermal scan thermometers will also be available in each office, in the event one feels unwell
while at work.
Masks or face coverings shall be worn by employees reporting to the office pursuant to the USMS protocol, which is
consistent with the U.S. District Court protocol.
In order to maintain proper social distancing, visible means will be used to demark 6-foot distances between cubicles
and other common areas in USMS offices. Employees may use common areas (kitchen, conference rooms, etc.)
assuming 6-feet of distance can be maintained at all times. Reasonable accommodations will be made for dining when
social distancing cannot be accomplished. USMS fitness centers will remain CLOSED in Phase One.
Access to USMS office space by non-USMS personnel will be limited unless absolutely necessary (cleaning, repair, etc.).
The USMS will continue to work with judges and support agencies as required with video teleconferencing. For
emergency hearings and proceedings needing to be conducted in person, two courtrooms will be designated in
Camden, Trenton, and the MLK Courthouse in Newark. No jury trials will be conducted in Phase One.
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GSA Reopening Plan: Phase One
GSA R2 and R3 will work together to streamline a consistent approach to the re-occupancy of the NJ District Courts
federal buildings. GSA staff is currently working remotely and staff members are readily available to the courts for any
questions, concerns or assistance. GSA R2 and R3 are meeting weekly with the USDC, USBC, Probation and Pretrial
Services Offices to determine implementation strategies for re-occupancy. GSA will adequately staff facilities to ensure
appropriate customer response is provided during all phases of re-occupancy.
GSA contract staff is onsite ensuring building operations and custodial needs are being met. GSA has updated cleaning
protocols to include EPA-registered disinfectants for all cleaning and increased cleaning of high touch areas throughout
the building. GSA does not disinfect tenant-owned equipment, such as keyboards, copiers, and peripheral computer
equipment. Supplies for disinfecting tenant-owned equipment should be provided by the agencies.
GSA will promote social distancing and personal hygiene requirements by providing signage at the entrances, common
areas of the facilities, elevators, restrooms as well as hand sanitizer dispensers in the common elevator lobbies.
GSA and its contractors are required to wear facial coverings while they are in the buildings.
GSA will provide advisory support and assistance to Facility Security Committees (FSC) nationwide in their respective
decision-making processes. This help includes assisting with the consideration of and possible implementation of
Enhanced Entry Screening Services (EESS) for the building entrances.
GSA Projects will continue to be planned, estimated and procured where possible depending on the availability of
contractors and the urgency and nature of the work. For active construction projects, all contractors will be required to
wear facial coverings while in the buildings.
GRAND JURY PROCEEDINGS ALL VICINAGES
During Phase I, the U.S. Attorneys Office will only proceed with those grand
jury proceedings for which there is a compelling reason to proceed (as set
forth in the U.S. Attorneys Memorandum to the Chief Judge). In such cases,
the proceedings will occur in reserved locations abiding by social distancing
and other safety protocols.
At the end of each grand jury session, the grand jury foreperson and
Assistant U.S. Attorney will return any indictments to the duty judge via
videoconference, which is permissible under Fed. R. Crim. P. 6(f), using
equipment that the U.S. Attorneys Office has set up in the grand jury room.
GSA has represented that it has the equipment and staff to sanitize the
grand jury space after each grand jury session. The Clerk’s Office will ensure
that adequate PPE and hand sanitizer is made available to the grand jurors.
If a grand jury does not complete a session before lunch, the grand jury will
be provided lunch to preclude grand jurors from having to leave and re-
enter the courthouse. This cost will be borne by the Court.
Phase One
GRAND JURY
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Before exiting Phase 1 and proceeding to Phase 2, we must re-evaluate the
gating criteria to ensure:
Readiness to progress to the next phase; and
Need to implement additional social distancing measures based upon any
resurgence of infections in the specific areas.
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Due to the uniqueness of each courthouse, coupled with the disparity of community
cases found in the surrounding areas, the remaining phases will best be determined
by the FSC of each vicinage. The CSC will continue to share information, resources
and guidance in order to support the FSCs and, to the extent possible, ensure
consistency throughout the District.
The FSCs will begin planning for Phase Two as soon as practicable.
Michael Hammer, U.S.M.J., Newark, FSC Chair
Michael Shipp, U.S.D.J., Trenton, FSC Chair
Renée Marie Bumb, U.S.D.J., Camden, FSC Chair