UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
INRE: GENERAL ORDER
COURT OPERATIONS UNDER THE EXIGENT
CIRCUMSTANCES CREATED BY COVID-19
March 29, 2020
CARES ACT AUTHORIZATION
On March 13, 2020, the President of the United States issued a proclamation
declaring a National Emergency in response to the Coronavirus Disease-2019
("COVID-19") pandemic pursuant to the National Emergencies Act (50 U.S.C. §
1601, et seq.). On March 27, 2020, Congress passed the Coronavirus Aid, Relief,
and Economic Security Act ("CARES Act"), which authorized the Judicial
Conference of the United States to provide authority to Chief District Judges to
permit the conduct of certain criminal proceedings by video or audio conference.
The President signed the CARES Act into law on March 27, 2020.
Thereafter, the Judicial Conference of the United States made the
appropriate findings as required under the CARES Act, finding specifically that
"emergency conditions due to the national emergency declared by the President
under the National Emergencies Act (50 U.S .C. § 1601, et seq.) with respect to the
Coronavirus Disease 2019 (COVID-19) have materially affected and will
materially affect the functioning of the federal courts generally."
Thus, acting pursuant to section 15002(b) of the CARES Act and the authority
granted by the Judicial Conference of the United States, I make the following
findings and order:
1. I find that emergency conditions due to the COVID-19 virus outbreak
will materially affect the functioning of the courts within the District of Connecticut.
Thus, pursuant to the authority granted under section l 5002(b )(1) of the CARES Act, I
hereby authorize judges in this District, with the consent of the defendant or the
juvenile, after consultation with counsel, to use video conferencing, or telephonic
conferencing if video conferencing is not reasonably available for use, for the
following events:
(A) Detention hearings under section 3142 of title 18, United States Code.
(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 section 3148 of title 18,
United States Code.
(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.
(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.
2. Pursuant to section 15002(b)(2) of the CARES Act, I further specifically
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
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serious harm to the interests of justice, judges may, with the consent of the
defendant or the juvenile after consultation with counsel, conduct those
proceedings by video conference, or by telephonic conference if video
conferencing is not reasonably available. This authority extends to equivalent plea,
sentencing, and disposition proceedings under 18 U.S.C. § 403 (commonly referred to
as the "Federal Juvenile Delinquency Act.").
3. This authorization is effective for ninety (90) days unless earlier
terminated. If the emergency persists longer than ninety (90) days, I will review
the situation for possible extension of authority pursuant to the provisions of the
CARES Act. Notwithstanding the foregoing, pursuant to the provisions of the
CARES Act, this authority shall terminate on the last day of the covered
emergency period or the date on which the Judicial Conference of the United
States finds that emergency conditions due to the national emergency declared by
the President under the National Emergencies Act with respect to the COVID-19
virus outbreak no longer materially affect the functioning of either the Federal
courts generally or the courts within the District of Connecticut.
IT IS SO ORDERED.
Dated this 29th day of March 2020.
s/Stefan R. Underhill
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Chief United States District Judge
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