FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Oct 09, 2020, 5:05 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
OCTOBER 13, 2020 THROUGH
NOVEMBER 15, 2020
ORDER AUTHORIZING THE USE OF TELEPHONIC AND VIDEO
HEARINGS PURSUANT TO THE CARES ACT FOR THE TIME PERIOD
OCTOBER 13, 2020 THROUGH NOVEMBER 15, 2020
On September 10, 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 September 11, 2020 through October 12, 2020. This Order, effective
October 13, 2020 remains effective through November 15, 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 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 October 13, 2020, and remains effective
through November 15, 2020 unless earlier terminated. If the emergency persists
past November 15, 2020, I will review the situation for possible extension of
authority pursuant to the provisions of the CARES Act. Notwithstanding the
3
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, October 9, 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 OCTOBER 13, 2020 THROUGH NOVEMBER 15, 2020
4
