FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Sep 10, 2020, 12:20 pm
Michelle Rynne, 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 11, 2020 THROUGH
OCTOBER 12, 2020
ORDER AUTHORIZING THE USE OF TELEPHONIC AND VIDEO
HEARINGS PURSUANT TO THE CARES ACT FOR THE TIME PERIOD
SEPTEMBER 11, 2020 THROUGH OCTOBER 12, 2020
On August 13, 2020, 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 August 13, 2020 through September 11, 2020. This Order, effective
September 11, 2020 remains effective through October 12, 2020. The Court enters
this order in response to the COVID-19 pandemic in the State of Hawaii and the
continuing need to limit the number of individuals entering the courthouse in order
to protect the health and safety of the public, court employees, counsel, and parties.
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;
(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,
2
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. 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 presiding judges in individual cases find, for specific
reasons, that 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 conferencing, or telephonic conferencing if video
conferencing is not reasonably available. This authority extends to equivalent
plea, sentencing or disposition proceedings under the Federal Juvenile
Delinquency Act.
3. This order is effective as of September 11, 2020, and remains effective
through October 12, 2020 unless earlier terminated. If the emergency persists past
October 12, 2020, I will review the situation for possible extension of authority
3
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 District of Hawaii
specifically.
IT IS SO ORDERED:
DATED: Honolulu, Hawaii, September 10, 2020.
/s/ J. Michael Seabright
J. Michael Seabright
United States District Judge
ORDER AUTHORIZING THE USE OF TELEPHONIC AND VIDEO HEARINGS PURSUANT
TO THE CARES ACT FOR THE TIME PERIOD SEPTEMBER 11, 2020 THROUGH OCTOBER 12, 2020
4
