FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Jul 06, 2021, 9:43 am
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 TIJ\AE PERIOD
mL Y 10, 2021 THROUGH AUGUST 31,
2021
ORDER AUTHORIZING THE USE OF TELEPHONIC AND VIDEO
HEARINGS PURSUANT TO THE CARES ACT FOR THE TIME PERIOD
JULY 10, 2021 THROUGH AUGUST 31, 2021
On May 6, 2021, 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 through
July 9, 2021. This Order modifies and supersedes the May 6, 2021 Order and is
entered 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.
This Order is effective on July 10, 2021 and runs through August 31, 2021.
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,
United States Code;
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(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. Certain 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. First, the court is aware that various Federal Bureau of Prison
(“BOP”) facilities throughout the nation have experienced severe COVID-19
outbreaks. It is essential that the court protect those housed at BOP facilities,
including Honolulu’s Federal Detention Center (“FDC”), from contracting
COVID-19 while outside a BOP facility and then bringing it into that facility.
Second, some defendants reside in a communal setting such as a residential
treatment program, clean-and-sober residence, women’s shelter, or group
transitional home. It is also essential that the court protect those living in
communal settings from contracting COVID-19 while outside the communal
setting and then bringing it into that setting. Third, some defendants must travel
by commercial airline to attend court hearings in Honolulu. Fourth, some
defendants may have one or more recognized vulnerabilities to COVID-19, and the
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potential exposure to COVID-19 would result in seriously jeopardizing public
health and safety. Thus, the court finds that for those individuals: (1) incarcerated
at a BOP facility (including the FDC); (2) living in a communal setting; (3) that
must travel by commercial airline to attend court hearings in Honolulu; and/or (4)
who have a recognized underlying medical condition that the United States Centers
for Disease Control and Prevention recognizes as being an increased risk for
severe illness from COVID-19, or any person caring for or residing in close
quarters with such a person, 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 a district judge in an individual case finds,
for specific reasons, that a felony plea or sentencing cannot be further delayed
without serious harm to the interests of justice, a judge may, with the consent of
the defendant or the juvenile after consultation with counsel, conduct a felony plea
or sentencing 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 July 10, 2021 and remains effective through
August 31, 2021, unless earlier terminated. If the emergency persists past August
31, 2021, I will review the situation for possible extension of authority pursuant to
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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, July 6, 2021.
/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 JULY 10, 2021 THROUGH AUGUST 31, 2021
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