IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
EXTENSION OF CARES ACT DISTRICT COURT GENERAL ORDER
FINDINGS REGARDING CRIMINAL 2021-7
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, December 24, 2020, and March 23, 2021 this Court entered
General Orders 2020-12, 2020-17, 2020-22 and 2021-4 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 certain felony pleas
under Rule 11 of the Federal Rules of Criminal Procedure and certain felony sentencings under
Rule 32 of the Federal Rules of Criminal Procedure still 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 16th day of June, 2021.
BY THE COURT
PHILIP A. BRIMMER
Chief United States District Judge
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