IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
EXTENSION OF CARES ACT DISTRICT COURT GENERAL ORDER
FINDINGS REGARDING CRIMINAL 2021-4
PROCEEDINGS
On April 6, 2020, this Court entered General Order 2020-4 authorizing the use of video
and telephone conferencing for various criminal hearings during the COVID-19 pandemic. On
July 2, 2020, September 29, 2020, and December 24, 2020, the Court entered General Orders
2020-12, 2020-17, and 2020-22 respectively, extending this authorization for an additional 90
days. As Chief Judge, and pursuant to § 15002(b)(3)(A) of the CARES Act, I have reviewed
this authorization and have determined to extend it for an additional 90 days.
Accordingly, pursuant to § 15002(b)(1) of the CARES Act, I authorize judges in this
district, with the consent of the defendant after consultation with counsel, to continue to use
video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably
available, for the following events:
a. Detention hearings under 18 U.S.C. § 3142;
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 18 U.S.C. § 3148;
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; and
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.
Pursuant to § 15002(b)(2) of the CARES Act, I further 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 without seriously
jeopardizing 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 of justice, judges may, with the consent of the defendant after consultation
with counsel, conduct those proceedings by video teleconference, or by telephone conference if
video teleconferencing is not reasonably available. This authority extends to, but is not limited
to, equivalent plea, sentencing or disposition proceedings under 18 U.S.C. § 403 (commonly
referred to as the “Federal Juvenile Delinquency Act”).
Pursuant to § 15002(b)(3) of the CARES Act, this authorization will remain in effect for
90 days unless terminated earlier. If emergency conditions continue to exist 90 days from the
entry of this order, I will review this authorization and determine whether to extend it.
Dated at Denver, Colorado this 23rd day of March, 2021.
BY THE COURT
PHILIP A. BRIMMER
Chief United States District Judge
2
