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Administrative Orders

Administrative

Administrative Order 2020-18 is hereby amended to further suspend all petty offense proceedings in the Eastern District of New York nunc pro tunc from June 15, 2020 until further order of this Court. Please see this order for details.

Pursuant to the CARES Act and Administrative Order 2020-13, Chief Judge Mauskopf has reviewed the

authorization to conduct proceedings remotely and found that emergency conditions due to the

COVID-19 virus outbreak, and the need to protect public health and safety, continue to

materially affect the functioning of the courts within this District. Judges, court staff, attorneys,

litigants, defendants, members of the public, and others continue to limit their travel and

continue to work remotely in light of local conditions. Mass transit continues to operate on

reduced schedules, and concerns about its safe use persist. Many businesses must remain closed,

and those that are open have limited public access. Large gatherings are still prohibited;

occupancy of indoor spaces is limited to less than maximum capacity; and social distancing must

be employed. Defendants housed at local detention facilities face restrictions on their movement

and cannot be produced with regularity. These conditions, among others, make it necessary for

the judges in this District to continue to conduct proceedings remotely, by videoconference or

teleconference.

 

This authorization is effective for ninety (90) days unless earlier terminated. If the

emergency persists longer than ninety (90) days, the Chief Judge will review this authorization and determine

whether to extend it pursuant to the provisions of the CARES Act. Notwithstanding the foregoing,

pursuant to the provisions of the CARES Act, this authority shall terminate on the last day of the

covered emergency period or the date on which the Judicial Conference of the United States finds

that emergency conditions due to the national emergency declared by the President under the

National Emergencies Act with respect to the COVID-19 virus outbreak no longer materially

affect the functioning of either the Federal courts generally or the courts within this District.

 

Please see the Order for details

The 30-day time period for filing an indictment under 18 U.S.C. § 3161(b), which previously had been tolled through June 8, 2020 by Administrative Order 2020-15-1, is further tolled nuc pro tunc from June 8, 2020 until July 1, 2020.

All civil and criminal petit jury selections and jury trials, and all new grand jury selections, scheduled before September 14, 2020, are continued pending further Order of the Court. Compliance with all trial-specific deadlines in civil and criminal cases shall be at the discretion of the assigned judges.

Due to the ongoing exigent circumstances created by the COVID-19 pandemic as outlined in the order, including the Court's reduced ability to obtain an adequate spectrum of jurors due to concerns regarding health and safety, and the effect of the above public health restrictions and recommendations on the ability of jurors, defendants, counsel, witnesses, and court staff to safely travel and be present in court, the time period from June 15, 2020 to September 14, 2020 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., for all trials and other conferences and proceedings in criminal cases, as the Court finds that the ends of justice served by such continuances to protect public health and safety outweigh the best interests of the public and the defendant in a speedy trial pursuant to 18 U.S.C. § 3161(h)(7)(A).

 

All Administrative Orders related to the COVID-19 pandemic shall continue in force and effect by their terms. Further orders addressing courtt operations in the exigent circumstances created by the COVID-19 will be issued as circumstances warrant. 

 

Please see the Administrative Order for further  and complete details.

Administrative Order 2020-15 is hereby amended to further toll the 30-day time period for filing an indictment under 18 U.S.C. § 3161(b) nunc pro tunc from May 15, 2020 until June 8, 2020.

 

In all cases filed on or after March 18, 2020 and in which under ordinary circumstances the Court would, pursuant to Fed. R. Civ. P. 4(c), appoint the United States Marshal or a deputy marshal to make service, any requirement that the Marshal accomplish service is further suspended nunc pro tunc to the expiration of the period specified in Administrative Order 2020-12, and the time from April 27, 2020 through June 15, 2020 is, pursuant to Fed. R. Civ. P. 4(m), excluded from the 90-day period to accomplish service. See the Order for details.

Upon consideration of the current situation relating to the serious, ongoing public health emergency in this District created by the COVID-19 pandemic, and in order to continue to protect public health, limit the size of public gatherings and travel, and prevent the spread of the virus, all petty offense proceedings scheduled before June 15, 2020 shall be continued unless otherwise ordered by this Court. See the Administrative Order for details.

The Merit Selection Panel appointed in Administrative Order 2020-03 to recommend to the

Court individuals qualified to serve as a US Magistrate Judge to fill two current vacancies (in Brooklyn

and Central Islip, NY) and one upcoming vacancy (in Brooklyn, NY) has been appointed to

consider an additional upcoming vacancy in Brooklyn. In addition, given the current national health

emergency, and given the additional vacancy, the application period to apply for appointment for

these four positions is extended to May 29, 2020. Applications shall be submitted electronically

pursuant to the Public Notice attached hereto.

 

By July 14, 2020, the Merit Selection Panel shall recommend to the Court a total of

fifteen individuals whom it considers best qualified for these positions, ten individuals for the

vacancies in Brooklyn, and five individuals for the vacancy in Central Islip.

Due to the impact of the COVID-19 pandemic, and to mitigate the economic impact upon District Court Criminal Justice Act panel members and service providers , the Court allows until further notice the filing of interim vouchers for compensation in the manner outlined in this Administrative Order

IN RE: CORONA VIRUS/COVID-19 PANDEMIC / FURTHER CONTINUANCE OF JURY TRIALS AND EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT

 

Miscellaneous

See the order for details regarding the extension of certain statutory dealines for  administrative and judicial forfeiture proceedings.

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