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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
This General Order is being issued in response to the outbreak of Coronavirus
Disease 2019 (COVID-19) within the Middle District of Alabama. On March 13, 2020,
under the National Emergencies Act, 50 U.S.C. §§ 1601–1651, the President of the United
States declared a national emergency in response to the 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.” Thus,
acting pursuant to § 15002(b) of the CARES Act and the authority granted by the Judicial
Conference of the United States, I make the following findings and order:
1. I find that emergency conditions due to the COVID-19 virus outbreak will
materially affect the functioning of the courts within this judicial district. Thus, pursuant
to the authority granted under § 15002(b)(1) of the CARES Act, I hereby authorize judges
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in this district, with the consent of the defendant or the juvenile after consultation with
counsel, to use video conferencing, or telephonic conferencing if video conferencing is not
reasonably available for use, for the following events:
A. Detention hearings under 18 U.S.C. § 3142;
B. Initial appearances under Rule 5, Federal Rules of Criminal Procedure;
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.
2. Pursuant to § 15002(b)(2) of the CARES Act, I further specifically find that
felony pleas under Rule 11 of the Federal Rules of Criminal Procedure and felony
sentencings under Rule 32 of the Federal Rules of Criminal Procedure, cannot be
conducted in person and in court without serious jeopardy to public health and safety. As
a result, if judges in individual cases find, for specific reasons, that felony pleas or
sentencings in those cases cannot be further delayed without serious harm to the interests
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of justice, judges may, with the consent of the defendant or a juvenile after consultation
with counsel, conduct those proceedings by video conference, or by telephonic conference
if video conferencing is not reasonably available. This authorization extends to equivalent
sentencings or disposition proceedings under the Federal Juvenile Delinquency Act, 18
U.S.C. § 403.
3. This authorization is effective for ninety days unless earlier terminated or
otherwise ordered. If the emergency persists longer than ninety days, I will review the
situation for possible extension of authority pursuant to the provisions of the CARES Act.
Notwithstanding the foregoing, pursuant to the provisions of the CARES Act, this
authorization shall terminate on the last day of the covered national emergency declared
by the President on March 13, 2020 under the National Emergencies Act with respect to
COVID-19, or the day on which the Judicial Conference of the United States finds that
emergency conditions due to the national emergency no longer materially affect the
functioning of the United States courts generally or the courts within this district
specifically, whichever occurs first.
To the extent inconsistent with this order, any order in this district is
SUPERSEDED during the period authorized by this Order.
DONE this the 30th day of March, 2020.
/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE
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