Case 2:20-mc-03910-ECM Document 24 Filed 06/01/22 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.1 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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On February 23, 2022, the President’s February 18, 2022, notice to Congress that COVID-19 continues to
cause significant risk to public health and safety was published in the Federal Register, and continues in effect
the national emergency declared on March 13, 2020 beyond March 1, 2022.
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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 reasons, that the plea or sentencing in that
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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
Conference of the United States determines that the emergency no longer materially affects
the United States courts or this district, whichever occurred first.
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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), June 9, 2021 (doc. 15), September 7, 2021 (doc. 18), December
7, 2021 (doc. 20), and March 4, 2022 (doc. 22); and COVID-19 persists. 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 1st day of June, 2022.
/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE
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