UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
1020 JUN 18 A II: 54
S. 5 I rd C ! COURT
i.' i
ld ru, ('C J.Li\0 A
11 • • Ul i\ t\U ,
IN RE: The National Emergency
Declared on March 13, 2020
GENERAL ORDER NUMBER 2020-10
EXTENDING THE AUTHORIZATION OF THE USE OF VIDEO AND AUDIO
TO CON DUCT CRIMINAL PROCEEDINGS
On March 13, 2020, the President of the United States declared a
national emergency as a result of the Coronavirus Disease 2019 (COVID-19)
pandemic. Congress subsequently passed the Coronavirus Aid, Relief, and
Economic Security Act, H.R. 748 (the CARES Act) which was signed into law by
the President. This Act authorizes the use of both video and telephone
conferencing to conduct various criminal case events under certain
circumstances.
On March 27, 2020, the Judicial Conference of the United States
determined that emergency conditions, due to the national emergency
declared by the President under the National Emergencies Act (50 U.S.C. §
1601 et seq.), with respect to COVID-19 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 (Events):
(A) Detention hearings under section 3142 of title 18, United States
Code.
(B) Initial appearances under Rule 5 of the Federal Rules of Criminal
Procedure.
(C) Preliminary hearings under Rule 5.1 of the Federal Rules of Criminal
Procedure.
(D) Waivers of indictment under Rule 7 (b) of the Federal Rules of
Criminal Procedure.
(E) Arraignments under Rule 10 of the Federal Rules of Criminal
Procedure.
(F) Probation and supervised release revocation proceedings under Rule
32.1 of the Federal Rules of Criminal Procedure.
(G) Pretrial release revocation proceedings under section 3148 of title
18, United States Code.
(H) Appearances under Rule 40 of the Federal Rules of Criminal
Procedure.
(I) Misdemeanor pleas and sentencings as described in Rule 43(b)(2) of
the Federal Rules of Criminal Procedure.
(J) Proceedings under chapter 403 of title 18, United States Code
(commonly known as the "Federal Juvenile Delinquency Act"), except for
contested transfer hearings and juvenile delinquency adjudication 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 case
cannot be further delayed without serious harm to the interests of justice.
Finally, the CARES Act requires the consent of the Defendant.
Currently, there are more than 26,000 confirmed cases of COVID-19 in
Alabama.
On March 30, 2020, this Court entered General Order 2020-03
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.
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; and this Court does hereby find that General Order 2020-
03 is due to be extended for an additional ninety (90) days.
THEREFORE, IT IS HEREBY ORDERED that General Order 2020-03 is
extended for an additional ninety (90) days subject to the earlier termination
provisions described above.
To the extent inconsistent with this Order, any order in this district is
hereby SUPERSEDED.
IT IS SO ORDERED on the 18th day of June, 2020.
L. Scott Coogler
Chief U.S. District Judge
Northern District of Alabama
