UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA znn 29 3: 57
IN RE: The National Emergency
' ' - -· • ' • ' i • -· J.., •• •• ;.
Declared on March 13, 2020
GENERAL ORDER NUMBER 2021-0009
EXTENDING THE AUTHORIZATION OF THE USE OF VIDEO AND AUDIO
TO CONDUCT 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
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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.
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(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
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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.
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
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Act, 18 U.S.C. § 403.
The above-referenced Order has since been extended for additional
ninety (90) day periods.
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 as previously extended is due to
be extended for an additional ninety (90) days.
THEREFORE, IT IS HEREBY ORDERED that General Order 2020-03 as
previously extended 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.
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IT IS SO ORDERED on the 29th day of November, 2021.
Chief U.S. District Judge
Northern District of Alabama
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