9th Circuit postpones arguments, Las Vegas sitting over virus

As a result of the rapid spread of the novel coronavirus, the 9th U.S. Circuit Court of Appeals is rescheduling oral arguments for two intertwined, high-profile cases that were set to take place this month, citing guidance from the Centers for Disease Control and Prevention, the court announced Thursday.

This comes after the U.S. Supreme Court announced Thursday it will be closed to the public until further notice as a result of the spreading.

Hearings for the 9th Circuit cases, U.S. v. Cliven Bundy, 18-10287 (9th Cir. Aug. 2, 2018)(unpublished) and U.S. v. Todd Engel, 18-10293 (9th Cir. Aug. 8, 2018)(unpublished), were originally scheduled for March 23 at the Lloyd D. George U.S. Courthouse in Las Vegas.

The new date and location for these arguments is to be determined, the 9th Circuit said Thursday.

The defendants, Cliven Bundy and his sons, were involved in a standoff with federal authorities in 2014 at his family farm in Bunkerville, Nevada but a district judge dismissed charges against them in 2018. In January 2019, prosecutors appealed the dismissal to the 9th Circuit.

Defendant Todd Engel, who was involved in the Bundy standoff, was charged with obstructing justice and interstate travel in aid of extortion and was sentenced to 14 years in prison in 2017. His appeal is pending in the court.

Concerns about the virus also led the 9th Circuit to cancel its March 24 special sitting at the University of Nevada, Las Vegas.

A task force comprised of local and national officials was organized this week by the Administrative Office of the U.S. Courts to guide the judiciary protect employees and litigants from the virus.

Also on Thursday, U.S. District judges of the Northern District began updating their own schedules due to the coronavirus. There have been no uniform, district-wide changes to court operations.

U.S. District Court Judge Yvonne Gonzalez Rogers of the Northern District signed an order stating all case management conferences will be held telephonically and not be recorded. Civil trials have been continued. No oral arguments or personal appearances will be held, and all law and motion matters will be submitted via paper, the judge's order said. The order remains in effect until at least May 1.

Chief District Judge Phyllis J. Hamilton followed suit, urging attorneys, litigants or jurors that experience flu-like symptoms, fevers or coughs to stay away from court.

U.S. District Judge Vincent Chhabria of San Francisco will only hear in-person proceedings if they are critical, time-sensitive and unable to be conducted telephonically, according to the notice. All civil hearings and case management conferences from now at least until April 13 will be either postponed or conducted telephonically. criminal matters will be heard on a case-by-case basis, according to the notice.

Senior District Judge Charles R. Breyer of San Francisco urged individuals with symptoms consistent with COVID-19 to stay away from the courthouse. Attorneys experiencing such symptoms should contact his courtroom deputy. Restrictions are to remain in place indefinitely, according to the notice.

The Central District of California has placed restrictions of visitors to all courthouses, probation and pre-trial services offices in the district. Individuals who have traveled to any countries such as China, Italy, Iran, Japan and South Korea within the last 14 days for which the CDC issued health notices are prohibited. Visits by student groups and tours of the Central District site unrelated to court proceedings have been canceled.