FOR PUBLICATION JUDICIAL COUNCIL OF THE NINTH CIRCUIT ‘IN RE APPROVAL OF THE JUDICIAL EMERGENCY ORDER DECLARED IN THE SOUTHERN DISTRICT OF CALIFORNIA Before: THOMAS, Chief GirouttTndse, BYBEE, IKUTA, SMITH, MURGUIA, and CHRISTEN, Circuit Judges, HAMILTON, MARTINEZ, PHILLIPS, and SEABRIGHT, Chief District Judges; and LEW, Senior District Judge On March 17, 2020, Chief Judge Larry A. Burns declared a thirty-day judicial emergency in the Southern District of California pursuant to 18 U.S.C. § 3174(e). Finding no reasonably available remedy, the Judicial Council has agreed to continue the judicial emergency for an additional one-year period and extend the time limits of 18 U.S.C. § 3161(c), consistent with the provisions of 18 U.S.C. § 3174. This authorization will end on April 17, 2021. The attached Report of the Judicial Council of the Ninth Circuit Regarding a Judicial Emergency in the Southern District of California constitutes the findings of fact and conclusions of law of the Judicial Council justifying a declaration of judicial emergency pursuant to 18 U.S.C. § 3174. This report was submitted to the Director of the Administrative Office of the United States Courts. See 18 U.S.C. § 3174(d). Adopted: April 2, 2020 Lhectrar, 2 Dhimon Hon. Sidney’R. Thomas, Chair REPORT OF THE JUDICIAL COUNCIL OF THE NINTH CIRCUIT REGARDING A JUDICIAL EMERGENCY IN THE SOUTHERN DISTRICT OF CALIFORNIA Submitted to the Administrative Office of the U.S. Courts ~ Pursuant to 18 U.S.C. § 3174(d)(1) April 2, 2020 On March 11, 2020, Chief District Judge Larry A. Burns declared a judicial emergency in the Southern District of California under 18 U.S.C. § 3174. He - reported that under the emergency declarations of national, state and local governments, as well as recommendations from the Centers for Disease Control and Prevention to convene groups of no more than 10 people, the Court is unable to obtain an adequate spectrum of trial and grand jurors. The suggested physical distancing measures required to protect public safety diminishes the availability of counsel, witnesses, parties, the public, Probation and Pretrial Services, and Court staff to be present in the courtroom. Chief Judge Burns sought the Ninth Circuit Judicial Council’s approval in declaring an emergency that would extend the time limits of the Speedy Trial Act (STA) for bringing criminals to trial. This type of request has been approved on three occasions, with Circuit Judicial Councils approving judicial emergencies under 18 U.S.C. § 3174 (e) since the STA was enacted. With the immediate and pending national and local state of emergencies, Chief Judge Larry A. Burns was compelled to declare a judicial emergency under 18 U.S.C. § 3174(e). This judicial emergency period commenced on March 17, 2020, and will end on April 16, 2020. After gathering additional data, the Judicial Council found no reasonable remedy, thus agreed to declare a judicial emergency and suspend the STA time limits required by 18 U.S.C. 3161(c) in the District for one year. The continued judicial emergency will commence on April 17, 2020, and will conclude on April 17, 2021. Under 18 ...
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