FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Sep 21, 2022, 3:28 pm
John A. Mannle, Clerk of Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
IN RE: ORDER AUTHORIZING THE
USE OF TELEPHONIC AND VIDEO
HEARINGS PURSUANT TO THE
CARES ACT FOR THE TIME PERIOD
SEPTEMBER 24, 2022 THROUGH
DECEMBER 16, 2022
ORDER AUTHORIZING THE USE OF TELEPHONIC AND VIDEO
HEARINGS PURSUANT TO THE CARES ACT FOR THE TIME PERIOD
SEPTEMBER 24, 2022 THROUGH DECEMBER 16, 2022
On July 1, 2022, this court entered an Order pursuant to the
Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) authorizing
the use of video/telephonic hearings for specified matters in criminal cases for the
time period July 2, 2022 through September 23, 2022. In order to address the
ongoing COVID-19 pandemic in the State of Hawaii, and to protect ongoing health
and safety concerns, this CARES Act Order is effective as of September 24, 2022,
and runs through December 16, 2022.
Pursuant to the CARES Act, on March 29, 2020, the Judicial
Conference of the United States found 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 COVID-19 have materially affected and
will materially affect the functioning of the federal courts generally.” This finding
is still effective. Thus, as Chief Judge for the United States District Court for the
District of Hawaii, acting pursuant to § 15002(b) of the CARES Act, the authority
granted by the Judicial Conference of the United States, and based on my own
motion, I make the following findings and hereby ORDER:
1. Pursuant to the authority granted under § 15002(b)(1) of the CARES Act,
I hereby authorize judges in the United States District Court for the District of
Hawaii, 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 the following matters:
(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;
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(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; 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.
2. This Order is effective as of September 24, 2022 and remains effective
through December 16, 2022, unless earlier terminated. If the emergency persists
past December 16, 2022, the Chief Judge for the United States District Court for
the District of Hawaii 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
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functioning of either the federal courts generally or the District of Hawaii
specifically.
IT IS SO ORDERED:
DATED: Honolulu, Hawaii, September 21, 2022.
/s/ J. Michael Seabright
J. Michael Seabright
Chief United States District Judge
ORDER AUTHORIZING THE USE OF TELEPHONIC AND VIDEO HEARINGS PURSUANT TO
THE CARES ACT FOR THE TIME PERIOD SEPTEMBER 24, 2022 THROUGH DECEMBER 16, 2022
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