IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
IN RE: *
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COVID-19 PUBLIC HEALTH AND SAFETY * STANDING ORDER 2020-03
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STANDING ORDER REGARDING NATIONAL EMERGENCY
On March 13, 2020, under the National Emergencies Act, 50
U.S.C. §§ 1601–1651, the President of the United States declared
a national emergency. On March 27, 2020, the President signed
the Coronavirus Aid, Relief, and Economic Security Act, H.R. 748
(the CARES Act), which authorizes the Judicial Conference of the
United States to provide the Chief Judges of the United States
District Courts authority to permit identified criminal
proceedings by video or audio conference. On March 29, 2020, the
Judicial Conference of the United States determined that
“emergency conditions due to the national emergency declared by
the President have materially affected and will materially affect
the functioning of the federal courts generally.”
Pursuant to section 15002(b) of the CARES Act:
1. A judge in this district is authorized by this order
and with the consent of the defendant or a juvenile after the
defendant or juvenile confers with counsel to use video
conferencing, or telephonic conferencing if video conferencing
is not reasonably available, for the following:
(A) a detention hearing under 18 U.S.C. § 3142;
(B) an initial appearance under Rule 5, Federal Rules of
Criminal Procedure;
(C) a preliminary hearing under Rule 5.1, Federal Rules of
Criminal Procedure;
(D) a waiver of indictment under Rule 7(b), Federal Rules
of Criminal Procedure;
(E) an arraignment under Rule 10, Federal Rules of Criminal
Procedure;
(F) a hearing under Rule 32.1, Federal Rules of Criminal
Procedure, to determine a violation of, and revocation
of, the terms of probation or supervised release;
(G) a hearing under 18 U.S.C. § 3148 to determine a violation
of, and revocation of, the terms of pretrial release;
(H) a hearing under Rule 40, Federal Rules of Criminal
Procedure, to resolve an alleged failure to appear or a
violation;
(I) a misdemeanor plea or sentencing under Rule 43(b)(2),
Federal Rules of Criminal Procedure; and
(J) a hearing under 18 U.S.C. §§ 5031–5043, except for a
contested transfer hearing, a juvenile delinquency
adjudication, or a trial.
2. The undersigned finds that during this national
emergency, a felony plea under Rule 11, Federal Rules of Criminal
Procedure, and a felony sentencing under Rule 32, Federal Rules of
Criminal Procedure, cannot occur in person and in court in this
district without serious jeopardy to public health and safety. As
a result, if a judge finds for a stated reason in a particular
case that delay of a felony plea or sentencing will result in
serious harm to the interests of justice, the judge with the
consent of the defendant or a juvenile after the defendant or
juvenile consults with counsel can conduct the plea or sentencing
by video conference or by telephonic conference, if video
conferencing is not reasonably available. This authority extends
to a similar hearing under the Federal Juvenile Delinquency Act,
18 U.S.C. § 403.
This authority is effective for ninety days unless ordered
otherwise. If the emergency persists longer than ninety days, an
extension is available under the CARES Act. However, this
authority terminates on the last day of the national emergency
declared by the President on March 13, 2020, or the day on which
the Judicial Conference of the United States determines that the
emergency no longer materially affects the United States courts
or this district, whichever occurs first.
To the extent inconsistent with this order, any order in this
district is SUPERSEDED.
This 30th day of March, 2020
S/Clay D. Land
CLAY D. LAND
CHIEF UNITED STATES DISTRICT JUDGE
