UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
INRE: GENERAL ORDER
COURT OPERATIONS UNDER THE EXIGENT
CIRCUMSTANCES CREATED BY COVID-19
December 23, 2020
DEC 23 2020 AM9: 16
CARES ACT REAUTHORIZATION FILED - USDC - BPT - CT
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 l 5002(b) of the CARES Act and the authority
granted by the Judicial Conference of the United States, and following review of the
authorization and consideration whether to extend the authorization, I make the following
findings and order:
1. I find that emergency conditions due to the COVID-19 virus outbreak
will continue to materially affect the functioning of the courts within the District of
Connecticut. Thus, pursuant to the authority granted under section 15002(b)(l) 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 oftbe Federal Rules of Criminal Procedure
generally 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
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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 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."). Notwithstanding these findings, a
judge in an individual case may determine that for reasons specific to that case or to a
particular defendant, a criminal proceeding should be held in the courtroom, in whole or in
part, taking appropriate precautions.
3. This authorization is effective for ninety (90) days unless earlier terminated. If the
emergency persists longer than ninety (90) days from today, 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 earlier of ( 1) the last day of the covered emergency period or (2) 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 23rd day of December 2020.
/s/ Stefan R. Underhill
Stefan R. Underhill
Chief United States District Judge
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