To All,

Greetings! On May 13, 2021, the U.S. Centers for Disease Control and Prevention announced that “fully vaccinated people can resume activities without wearing a mask or physically distancing.” Please find the May 13 CDC guidance here: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guid.... On May 21, 2021, the City of Lincoln permitted its mask ordinance to expire, and on May 25, 2021, the City of Omaha permitted its mask mandate to expire. And the directed health measures promulgated for Douglas and Lancaster Counties (with which the court has endeavored to voluntarily comply) no longer restrict gatherings of fewer than 500 people.

The U.S. District Court for the District of Nebraska will follow the CDC’s scientific conclusions and safety recommendations. As a result, the judges of the district court met with affected constituents and the judges have determined that the following adjustments should be made to our pandemic protocols.

Masks

Effective June 1, 2021, the court will act in accordance with the CDC's May 13 guidance. To that end:

1. Fully vaccinated individuals will not be required to wear masks in Denney or Hruska (of course, they may do so if they choose).
2. Individuals who are not fully vaccinated must continue to wear masks in all common areas.
3. Definition of “fully vaccinated”: a person is considered “fully vaccinated” against COVID-19 2 weeks after their second dose in a 2-dose series, such as the Pfizer or Moderna vaccines, or 2 weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine.
4. Individuals honestly determine their own vaccination status. You are professionals/officers of the court and can and should be trusted to understand and follow pandemic requirements while in the buildings.
5. Counsel, jurors, members of the public, etc., will follow these same requirements in Denney and Hruska.

The Chief Judge has entered General Order No. 2021-04, setting forth the above requirements

Temperature screening and surface transmission

Effective June 1, 2021, you will no longer be required to have your temperature checked when entering the buildings. Also, according to the CDC and local health experts, “there is little scientific support for routine use of disinfectants in community settings, whether indoor or outdoor, to prevent SARS-CoV-2 transmission from fomites.” (More on that can be found here: https://www.cdc.gov/coronavirus/2019-ncov/more/science-and-research/surf....) This means that there will be no more wiping down of witness stands, tables, etc. between hearings or witness testimony, unless specifically requested by the presiding judge.

Courtroom Practices

Effective June 1, 2021, the following courtroom practices shall be instituted:

1. For courtroom hearings (other than jury trials), all counsel, clients, security personnel, and all others in the courtroom (e.g. spectators, media, etc.) shall follow the CDC mask protocols as set forth above. The presiding judge in each courtroom will manage enforcement of the mask protocols, in his or her sole discretion, in a manner that provides consistent enforcement throughout the courthouse.
2. With respect to jury trials, the trials will be conducted in much the same manner as has occurred during the past 9 months with the following changes to be implemented at trials commencing on or after June 7, 2021.
   1. For most trials, i.e. those in which less than 42 prospective jurors are called, the court will go back to conducting a single voir dire in one courtroom. Two courtrooms and separate voir dire shall be used for the occasional larger venires.
      
      
   2. Masks will be required of all prospective jurors during both orientation and voir dire.
      
      
   3. After the jury has been selected, and the jurors have been seated, the presiding judge shall have the discretion to follow the CDC mask protocols set forth above.
      
      
   4. 8 jurors may now be placed in the jury box (3 feet apart); in criminal cases, the remaining jurors and alternate(s) shall be seated in the gallery.
      
      
   5. The presiding judge at each jury trial will manage enforcement of mask protocols, in his or her sole discretion, in a manner that provides a fair trial and that provides consistent enforcement throughout the courthouse.
      
      

The Court is pleased that the above changes came sooner than many of us may had expected. But along with the changes come the opportunity for carrying out our duties in a responsible and safe manner. Therefore, I encourage each one of us to be patient, flexible and treat one another with goodwill. We have thus far ... and, as a result, we are inching much closer to a more “normal” way of conducting our court business. We will keep you informed as changes occur in this rapidly evolving return to “regular order” in our courtrooms

John M. Gerrard

Chief U.S. District Judge

District of Nebraska