IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
EXTENSION OF CARES ACT ORDER DISTRICT COURT GENERAL
FINDINGS REGARDING CRIMINAL ORDER 2023-2
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, December 7, 2021, March 4, 2022, June 1, 2022, August 29, 2022, and
November 21, 2022 this Court issued General Orders 2020-12, 2020-17, 2020-22, 2021-4, 2021-7,
2021-11, 2021-12, 2022-2, 2022-6, 2022-8, and 2022-9 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, the periodic emergence of new
variants, and fluctuations in positivity rates, 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, depending on the
Centers for Disease Control and Prevention COVID-19 community levels, 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
fromthe entry of this order, I will review this authorization and determine whether to extend
it.
Dated at Denver, Colorado this 17th day of February, 2023.
BY THE COURT
PHILIP A. BRIMMER
Chief United States District Judge
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