UNITED STA TES DI TRI CT COURT
DISTRICT OF CONNECTICUT
1 RE: GE ERAL ORDER
COURT OP RA TIO UNDER THE EX1GE T
CIRCUM T CES CREATED BY COVID-19
June 26, 2020
CARES ACT REAUTHORIZATION
On March 13, 2020, the President of the nited tate issued a proclamation
declaring a ational rnergency in response to the Coronavirus Di ease-2019
(''COVID-19") pandemic pmsuant to the ational Emergencie Act (50 . . C. §
1601, et seq.). On March 27, 2020. Congre s passed th Coronaviru Aid, Relief,
and Economic Security Act ("CARE Act''). which authorized the Judicial
onference of th nited States to provide authority to Chief Di trict Judge to
permit the conduct of certain criminal proceedings by video or audio conference.
The President igned the CARE ct into law on March 27. 2020.
Thereafter, the Judi ial Conrt:renc or Lhe United tates made the appropriate findings a
required under the CARES Act finding pecifically that 'emergency conditions due to the
national. emergency declared by the Pre ident under the ational Emergencies Act (50 U.. C.
§ 1601, et eq.) with respect to the Coronavirus Disease 2019 (COVID-19) have material]
affected and will materially affect the functioning of the federal courts generall ."
Thus. acting pursuant to ection l 5002(b) of the CA Act and the authority
granted by the Judicial Conference of the nited States, and following review of the
authorization and con ideration whether to extend the authorization, I make the following
findi ng. and order:
1. I find that emergency condition du to the COVID-19 virus outbreak
will continue to materially affect the functioning of the cou11s within the District of
Connecticut. Thus, pur uant to the authority granted under ·ection 15002(b)(I) of the
CARES Act I hereby authoriz judg s in thi District, with the consent of the defendant or
the juveni le, after consultation with coun el, to use video conferencing, or telephonic
conferencing if video conferencing is not reasonabl. avai labl for use, for the following
events:
( ) Detention hearings under ection 3142 of tit! 18, United tate Code.
(B) Initial appearance under Rule 5 of the Federal Rules of Criminal
Procedu re.
(C) Preliminary hearings w1der Rule 5.1 of the Federal Rule of Criminal
Procedure.
(D) Waiver of indictment under Rule 7(b) of the Federal Ru! s of
Criminal Procedure.
( E) Arraignment under Ruic IO of the Federa l Ruic· of ' riminal
Procedure.
(F) Probation and super ised release re ocation proceedings under Rul
32.1 of the Federal Rules of Criminal Procedure.
(G) Pretrial release revocation proceedings under section 3 148 of title 18.
United tates Code.
(H) Appearances under Rule 40 of the Federal Rules of Criminal
Procedure.
(f) Misdemeanor pleas and sentencing as de cribed in Rule 43(6)(2) of
th1: Federal Rule · o[ Criminal Procedure.
(J) Proceedings under chapt r 403 of title 18, nited State Cod
(commonly known as the "Federal Juvenil Delinquency Act"), except
for contested transfer hearings and juvenile delinquency adjudication
or trial proceedings.
2. Pursuant lo section I 5002(b)(2) of the CARE Act. l further sp cifically
find that felony p lea under Rule 11 of th Federal Rul s of riminal Procedure
and felony sentenc ings under Rule 32 of the Federal Rule of Criminal Procedure
general!) cannot b conducted in per on 1,,vithout criou !) jeopardizing public h alth and
safety. As a re ult, if judges in individual cases find, for pecific rea on . that
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felony pleas or s ntencings in tho e ca s cannot b furth r dela d without enou harm to
the intere t of ju tice, judge may, with the con ent of the defendant or the ju enile aft r
con ultation with coun I, conduct tho proceeding. b video conference. or by telephonic
conference if id o conferencing is not rea onabl a ailable. Thi authorit · extend to
equivalent plea. entencing. and di po ition proceeding under 18 .. C. ~ 403 (common!
referred to a th ··F deral Ju enile elinquenc Act."). otwith landing th s finding . a
judge in an individual ca ·c 111<.l) <let rmin that for reasons spec ilic to that ca. e or lo a
particular defendant. a criminal proceeding should be held in th courtroom. in who! or in
part. taking appropriate precautions.
3. This authorization i ffecti e for nin t (90) da uni ss earli rt rminat d. If the
emergenc per ists longer than ninety (90) days from toda . I will rcvie the ituation for
po sible exten ion of authority pur uant to th pro i ion of the ARE ct.
otwith tanding th foregoing, pursuant to the pro i 10n of the CARE ct thjs authority
. hal I terminate on the earlier of (I) the la t day of th rec.I em erg nc1 period or (2) the
date on which the Judicial Conference or th nited 'tates finds that emerg nc condition ·
du to the national emergency declared by the President und r the ational Emergencies Act
with re pect to the COVID-19 irus outbreak no longer material! affect the functioning of
either the Federal courts generall or the courts within the Di trict of onnecticut.
IT l O ORDERED.
Dated thi 26th da of Jun 2020.
s/Stefan R. Underhill
