This past Friday, the Federal Circuit issued a Notice of Modifications to Court Operations and New Protocols for In-Person Arguments. The court indicated that, in light of recent changes to public health guidance and conditions in the Washington, D.C. area, it will resume normal court operations and reopen the Howard T. Markey National Courts Building to the public, effective today, September 12. The court also issued Revised Protocols for In-Person Arguments starting with the October 2022 session. Notably, the court has eliminated any need to test for COVID-19 prior to oral arguments. Moreover, the court will no longer limit the number of people that may attend oral arguments. That said, the court will still require visitors to wear acceptable masks in public areas, regardless of vaccination status. The court indicated it will continue to schedule all oral arguments to be in person, but it will still entertain motions for leave to appear remotely. Here is the full text of the announcement, administrative orders, and a link to the revised protocols for in-person arguments.
Effective September 12, 2022, the United States Court of Appeals for the Federal Circuit will resume normal operations and reopen the National Courts Building to the public. Administrative Order 2022-04 and Administrative Order 2022-05 implementing these changes are available on the court’s website.
The court has also issued Revised Protocols for In-Person Arguments that will apply beginning with the October 2022 court sitting. The Revised Protocols are available on the court’s website.
Reopening the National Courts Building (Administrative Order No. 2022-04)
Based on recent changes to public health guidance and conditions within Washington, D.C. and the National Capital Region, the United States Court of Appeals for the Federal Circuit and the United States Court of Federal Claims find that there is no longer a need to restrict public access to the Howard T. Markey National Courts Building.
On behalf of both courts, we find pursuant to 28 U.S.C.§ 2071(e) that there is an immediate need for this Order altering the rules of both courts, effective September 12, 2022, 12:01 a.m. (Eastern).
IT IS ORDERED THAT:
(1) Administrative Order No. 2022-03 (Jan. 18, 2022) is rescinded effective September 12, 2022, 12:01 a.m. (Eastern), at which point the National Courts Building shall resume normal operations concerning public access.
(2) The United States Court of Appeals for the Federal Circuit and the United States Court of Federal Claims may continue to implement health and safety protocols, procedures, practices, or policies to minimize the possibility of viral transmission, as reflected in posted signs or placards, and/or information posted on the courts’ public websites.
(3) All individuals entering the National Courts Building shall be required to comply with any protocols, procedures, practices, or policies implemented pursuant to this Order.
(5) All visitors, regardless of their vaccination status, must wear masks in all public areas of the National Courts Building and connecting buildings. Only N95, KN-95, or KF-94 masks are acceptable masks in the National Courts Building
(6) Court staff and security personnel are authorized to restrict the entry of or to direct the removal of any individuals who are not in compliance with posted regulations issued pursuant to this Order.
(7) The Circuit Executive and Clerk of Court of the United States Court of Appeals for the Federal Circuit, and the Clerk of Court for the United States Court of Federal Claims are directed to provide public notice of this Order and to take any necessary and proper actions to implement these restrictions.
Resuming Court Operations (Administrative Order No. 2022-05)
Upon consideration of recent changes to public health guidance and conditions within Washington, D.C. and the National Capital Region, the court finds that the existing restrictions on court operations are no longer necessary.
IT IS ORDERED THAT:
(1) Administrative Order No. 2021-10 (June 22, 2021) is rescinded, effective September 12, 2022, 12:01 a.m. (Eastern), at which point the U.S. Court of Appeals for the Federal Circuit shall resume normal operations.
(2) The Clerk’s Office remains authorized to issue any additional health and safety protocols and procedures necessary to support in-person argument or to provide accessibility and availability of the Clerk’s Office to receive nonelectronic filings pursuant to Federal Rule of Appellate Procedure 26 and Federal Circuit Rule 26. The Clerk’s Office shall provide public notice on the court’s website of any such protocols or procedures.
(3) The Clerk’s Office is further directed to continue to provide online audio streaming of public court hearings.
(4) The Circuit Executive and Clerk of Court is directed to provide public notice of this Order and to take any necessary and proper actions to implement the provisions of this Order.