Summary
The Ninth Circuit Judicial Council approved a judicial emergency in the Central District of California under 18 U.S.C. § 3174(e), suspending Speedy Trial Act time limits for one year (April 13, 2020 – April 13, 2021) due to the COVID-19 pandemic. The order found no reasonably available remedy because CDC guidelines on gatherings and physical distancing prevented jury trials and grand jury proceedings, and the district faced severe judicial vacancies and high caseloads. The suspension allows up to 180 days for trial but does not affect time limits for detained persons awaiting trial.
Holdings
- The Judicial Council finds that a judicial emergency exists in the Central District of California due to the COVID-19 pandemic, public health restrictions, and the district's inability to comply with Speedy Trial Act deadlines, and that there is no reasonably available remedy, thereby suspending the time limits under 18 U.S.C. § 3161(c) for one year.
Questions Presented
- Whether the Central District of California is experiencing a judicial emergency under 18 U.S.C. § 3174(e) that warrants suspension of the Speedy Trial Act time limits.
- Whether there is no reasonably available remedy to alleviate the calendar congestion caused by the COVID-19 pandemic and related public health restrictions.
Disposition
other
Cases Cited (2)
- United States v. Bilsky, 664 F.2d 613 (6th Cir. 1981)(cited)
- United States v. Rodriguez-Restrepo, 680 F.2d 920 (2d Cir. 1982)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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