UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
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IN RE: The National Emergency
Declared on March 13, 2020
GENERAL ORDER NUMBER 2020-03
AUTHORIZING 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 the Coronavirus Disease 2019 (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.
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Finally, the CARES Act requires the consent of the Defendant.
Currently, there are more than 800 confirmed cases of COVID-19 in
Alabama, and many county and municipal authorities have entered "stay-at-
home" or other quarantine orders to help prevent the spread of the virus.
This Court, on its own motion, authorizes 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 (Events) with the consent of the Defendant.
Further, this Court, on its own motion, specifically finds 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 cannot be conducted in person, in this district, without seriously
jeopardizing public health and safety. As such, 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 may be conducted by
the use of video teleconferencing, or audio teleconferencing if video
teleconferencing is not reasonably available.
This authority extends to a similar hearing under the Federal Juvenile
Delinquency Act, 18 U.S.C. § 403.
This authority, which is effective for ninety (90) days unless ordered
otherwise, terminates on the last day of the national emergency which 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.
IT IS SO ORDERED on the 30th day of March, 2020.
L. Scott Coo r
Chief U.S. · trict Judge
Northern District of Alabama
