Case 2:20-mc-03910-ECM Document 18 Filed 09/07/21 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
IN RE: CRIMINAL PROCEEDINGS )
BY VIDEO OR AUDIO ) CIV. MISC. NO. 2:20-mc-3910-ECM
CONFERENCE )
GENERAL ORDER
On March 13, 2020, the President of the United States declared a national
emergency in response to the Coronavirus Disease 2019 (“COVID-19”) pandemic. On
March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security
Act, H.R. 748 (the CARES Act), which authorizes the Judicial Conference of the United
States to provide the Chief Judge of a United States District Court authority to permit the
conduct of certain identified criminal proceedings by video or audio conference.
On March 29, 2020, the Judicial Conference of the United States made the
appropriate findings as required by the CARES Act, finding specifically that “emergency
conditions due to the national emergency declared by the President . . . have materially
affected and will materially affect the functioning of the federal courts generally.” The
CARES Act authorizes this Court, on its own motion, or upon application of the Attorney
General of the United States or his designee, to authorize the use of video teleconferencing,
or audio teleconferencing if video teleconferencing is not reasonably available, for the
following criminal case events:
A. Detention hearings under 18 U.S.C. § 3142;
B. Initial appearances under Rule 5, Federal Rules of Criminal Procedure;
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C. Preliminary hearings under Rule 5.1, Federal Rules of Criminal Procedure;
D. Waivers of indictment under Rule 7(b), Federal Rules of Criminal Procedure;
E. Arraignments under Rule 10, Federal Rules of Criminal Procedure;
F. Probation and supervised release revocation hearings under Rule 32.1,
Federal Rules of Criminal Procedure;
G. Pretrial release revocation hearings under 18 U.S.C. § 3148;
H. Appearances under Rule 40, Federal Rules of Criminal Procedure;
I. Misdemeanor pleas and sentencings as described in Rule 43(b)(2), Federal
Rules of Criminal Procedure; and
J. Proceedings under 18 U.S.C. §§ 5031–5043, except for contested transfer
hearings, juvenile delinquency adjudications, or trial proceedings.
The CARES Act conditions the authorization of the use of video teleconferencing,
or audio teleconferencing if video teleconferencing is not reasonably available, for these
events upon the consent of the Defendant.
The CARES Act further authorizes this Court, on its own motion, or upon
application of the Attorney General of the United States or his designee, to authorize the
use of video teleconferencing, or audio teleconferencing if video teleconferencing is not
reasonably available, to conduct felony plea proceedings under Rule 11 of the Federal
Rules of Criminal Procedure and felony sentencings under Rule 32 of the Federal Rules of
Criminal Procedure. The CARES Act conditions this authorization, however, upon this
Court specifically finding that these particular proceedings cannot be conducted in person
without seriously jeopardizing public health and safety. The CARES Act also conditions
this authorization upon the district judge in each particular case finding, for specific
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reasons, that the plea or sentencing in that case cannot be further delayed without serious
harm to the interests of justice. Finally, the CARES Act requires the consent of the
Defendant.
On March 30, 2020, this Court entered a General Order in re: Criminal Proceedings
by Video or Audio Conference, 2:20-mc-3910 (doc. 4), making the appropriate findings
and authorizing the use of video teleconferencing, or audio teleconferencing if video
teleconferencing is not reasonably available, to conduct all of the criminal case events
described in the foregoing paragraphs with the consent of the Defendant. That Order further
found that felony plea proceedings under Rule 11 of the Federal Rules of Criminal
Procedure and felony sentencings under Rule 32 of the Federal Rules of Criminal
Procedure could not be conducted in person, in this district, without seriously jeopardizing
public health and safety. As such, the Order provided that in the event the district judge in
a particular case finds for specific reasons that the plea or sentencing in that case cannot be
further delayed without serious harm to the interests of justice, and the Defendant consents,
that proceeding could be conducted by the use of video teleconferencing, or audio
teleconferencing if video teleconferencing is not reasonably available. That authority was
further extended to similar hearings under the Federal Juvenile Delinquency Act, 18 U.S.C.
§ 403.
The above-referenced Order was to terminate unless extended by further Order of
this Court: (1) ninety (90) days from its entry; (2) on the last day of the national emergency
that was declared by the President on March 13, 2020; or (3) the day on which the Judicial
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Conference of the United States determines that the emergency no longer materially affects
the United States courts or this district, whichever occurred first.
The national emergency that was declared by the President on March 13, 2020,
continues in effect; the Judicial Conference of the United States has not determined that
the emergency no longer materially affects the United States courts or this district; this
order was extended on June 23, 2020 (doc. 8), September 18, 2020 (doc. 9), December 14,
2020 (doc. 10), March 12, 2021 (doc. 11) and June 9, 2021 (doc. 15); and COVID-19
persists with spikes caused by the Delta variant. For the reasons as stated, this Court finds
that General Order in re: Criminal Proceedings by Video or Audio Conference, 2:20-mc-
3910 (doc. 4) should be extended for an additional ninety (90) days. Accordingly, it is
ORDERED that General Order in re: Criminal Proceedings by Video or Audio
Conference, 2:20-mc-3910 (doc. 4) is extended for an additional ninety (90) days and will
then terminate unless otherwise extended by further Order. In addition, the Order will
terminate automatically either on the last day of the national emergency that was declared
by the President on March 13, 2020 or the day on which the Judicial Conference of the
United States determines that the emergency no longer materially affects the United States
courts or this district, whichever occurs first.
To the extent inconsistent with this Order, any order in this district is hereby
SUPERSEDED.
DONE this the 7th day of September, 2021.
/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE
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