IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
EXTENSION OF CARES ACT ORDER DISTRICT COURT GENERAL
FINDINGS REGARDING CRIMINAL 2022-2
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, March 23, 2021, June 16, 2021,
September 10, 2021, and December 7, 2021 this Court entered General Orders 2020-12, 2020-
17, 2020-22, 2021-4, 2021-7, 2021-11, and 2021-12, 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.
Based upon the ongoing COVID-19 pandemic and the periodic emergence of new
variants, the continued ability to use video teleconferencing or telephone conferencing for
hearing certain criminal matters is imperative for public safety and to minimize the risk of
exposure to the public, detention facilities, defendants, staff, and counsel.
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 the Federal Juvenile Delinquency Act.
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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 4th day of March, 2022.
BY THE COURT
PHILIP A. BRIMMER
Chief United States District Judge
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