UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
In Re: SIXTH EXTENSION OF AUTHORIZATION GENERAL ORDER
TO USE VIDEO AND TELEPHONE N0. 21-17
CONFERENCING FOR CRIMINAL
PROCEEDINGS PURSUANT TO THE CARES ACT
***
On March 30, 2020, this Court entered General Order 20-5, authorizing the use of video
and telephone conferencing, under certain circumstances and with the consent of the defendant,
for various criminal case events pursuant to the Coronavirus Aid, Relief, and Economic Security
Act (“CARES ACT”), P.L. 116-136, H.R. 748. As Chief Judge, I reviewed and extended this
authorization on June 29, 2020, September 25, 2020, December 24, 2020, March 24, 2021, and
June 22, 2021 by way of General Orders 20-13, 20-20, 20-28, 21-09, and 21-12.
Just under 90 days have passed since the issuance of GO 21-12, and in the interim, the
undersigned judge has continued to monitor COVID-19 data from within and outside this District,
as well as the developing guidance from the Centers for Disease Control and Prevention (CDC)
and state and local health authorities. During this time, and in light of the increased circulation of
the Delta variant of the coronavirus within the United States, the CDC revised its Interim Public
Health Recommendations for Fully Vaccinated People, recommending that fully vaccinated
people wear masks while in public indoor settings located in areas of “substantial or high
transmission” of COVID-19.1 This currently includes every county within the Western District of
Kentucky.2
Cases of COVID-19 are surging within the Commonwealth. In order to assist area
hospitals in dealing with an increasing number of COVID-19, patients, the Kentucky National
Guard has activated more than 400 Soldiers and Airmen to support 25 Kentucky hospitals.3
1
See CDC, Interim Public Health Recommendations for Fully Vaccinated People. Updated September 1, 2021.
2
See the CDC’s COVID Data Tracker.
3 KY. National Guard activated to help 21 more hospitals, including 2 in Louisville, WDRB (Updated September
13, 2021)
The current overall COVID-19 incidence rate stands at 84.65 per 100,000 people and the
positivity rate is 12.88%.4 As a result, Kentucky is presently ranked fifth in the nation for COVID-
19 incidence rates. 5 Four of the top 10 counties nationwide, and 8 of the top 20, reporting the
highest number of new cases are in Kentucky.6
While roughly 59% of those in the Commonwealth have been vaccinated against COVID-
19, the vaccination rates within the Western District vary dramatically. For instance, 67% of
Jefferson County’s population has received at least one dose of the vaccine while locations such
as Spencer and Christian County only have a 31% vaccination rate.7 Moreover, according to the
United States Marshal Service for this District, of the 267 criminally charged defendants in
custody, only 19 have been vaccinated.
Although the Court continues to hold in-person court proceedings in a manner that
prioritizes the health and safety of all participants, in light of the aforementioned circumstances,
this Court concludes that conditions warrant an additional extension of the video and
teleconferencing authorization under the CARES Act.
NOW THEREFORE, acting pursuant to section 15002(b) of the CARES Act and having
conducted the necessary review, I hereby extend all findings and authorizations made in General
Orders 20-13, 20-20, 20-28, 21-09, and 21-12 for an additional 90 days, unless earlier terminated.
The authorization allowed by this general order will be again reviewed at or near its date of
termination to determine if a further extension is warranted based on conditions existing at that
time. Should the President’s National Emergency declaration, or the Judicial Conference’s finding
that this national emergency materially affect the function of the federal courts, terminate or be
revoked prior to the expiration of 90 days from the date of this Order, then this Order may then be
vacated according to law.
DATED: September 20, 2021
4
See the Kentucky Cabinet for Health and Family Service’s Daily Report for September 17, 2021.
5
Coronavirus in the U.S.: Latest Map and Case Count, New York Times (Updated September 16, 2021),
https://www.nytimes.com/interactive/2021/us/covid-cases.html ENTERED
6 Id.
J J. JR., CLERK
7
Kentucky COVID-19 Vaccination Dashboard (Updated September 17, 2021)
9/20/2021
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
