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Limited Access to Courthouses Under Exigent Circumstances Created by COVID-19/Coronavirus - Second Amended Standing Order 20-02

The Court, on March 13, 2020, entered Standing Order 20-2 to limit access to courthouses
in the District of South Dakota to attempt to avoid the spread of Coronavims Disease 2019
(COVID-19) in any courthouse in the District of South Dakota. In the months since entry of that
Standing Order, COVID-19 has spread throughout the United States, including in South Dakota.
The Centers for Disease Control (CDC) has issued guidance for wearing masks and maintainmg
physical distancing of six feet or more. The Court has acquired masks both for employees and for
visitors, so that no one who has necessary business to conduct in the courthouse and who is
asymptomatic gets turned away from their public federal courthouse simply because they lack
proper apparel in the form of a mask. Many court hearings, now occur by videoconference, and
the Court has set up drop boxes outside of Court Security Officer (CSO) stations for people, after
the filing is run through the CSO's scanner, to use to file items with the Clerk of Court. The Court
has at courthouse entries devices to register the body temperature of anyone entering the
courthouse. Having balanced the need to protect the safety of the public and those who work in
federal courthouses against the need for continued operation of necessary judicial functions,

1. Unless and until the person has completed a 14-day quarantine period, the CSOs are
to stop entry into the courthouse of anyone who:
• has contracted the COVID-19 virus and has not fully recovered for a period of
at least 14 days;
• has had contact within the past 14 days with someone who has contracted the
COVID-19 virus;
• has been directed to self-quarantine by any doctor, medical provider, hospital,
or health agency;
• has a fever (by CDC guidelines, a temperature greater than 100.4), cough, or
shortness of breath; or
• has traveled internationally within the past 14 days.
A temperature scanner exists at each public entry in courthouses to assist in determining if a person
is running a fever. The CSOs are authorized to question people entering the courthouse to
determine whether any person fits any of these criteria.

2. Anyone who has business to conduct in the courthouse but is unable to appear
because of these restrictions should proceed as follows:
• If you are represented by an attorney, please contact your attorney;
• If you are an attorney and you are scheduled to appear in court before a judge,
please contact chambers directly (contact information is on the Court's
• If you are scheduled to meet with a PretriaVProbation officer, please contact the
Probation office at (605) 977-8900;
• If you are a juror, please contact the Jury Administrator at (605)330-6620;
• For Bankruptcy Court matters, please contact the Bankruptcy Clerk at (605)
• For all other matters, including participation in hearings remotely, please
contact the District Clerk of Court at (605) 330-6600. The Court has made
arrangements for members of the public to listen to hearings, and in some cases
participate, by telephone.

3. The CSOs are directed to provide, free of charge and without requesting return, a
mask to all those entering the courthouse without a mask or face covering to conduct business or
attend any in-person hearing. All members of the public while in the courthouse must wear a mask
covering the nose and mouth unless a presiding judge orders otherwise. The CSOs are authorized
to instruct people on this requirement and to enforce the requirement. The wearing of a mask
prevents aerosols from sneezes, coughs, or speech from spreading and protects the user from some
infection, as well as reminding a person not to touch the mouth or nose. Masks are not a guarantee
against infection and do not replace physical distancing and frequent and thorough hand washing
as a way to reduce the spread of COVID-19.

4. Due to the fluid nature of the COVID-19 outbreak and need for flexibility in
responding, the judicial officer before whom any hearing is scheduled shall determine whether and
how best to conduct the hearing.