UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
In Re: NINTH EXTENSION OF AUTHORIZATION TO USE GENERAL ORDER
VIDEO AND TELEPHONE CONFERENCING FOR N0. 22-07
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, June
22, 2021, September 20, 2021, December 17, 2021, and March 17, 2022 by way of General Orders
20-13, 20-20, 20-28, 21-09, 21-12, 21-17, 21-22, and 22-03.
Just under 90 days have passed since the issuance of GO 22-03 and, in the interim, the
undersigned judge has continued to monitor COVID-19 data from within and outside this District,
as well as guidance from the Centers for Disease Control and Prevention (CDC) and state and local
health authorities. The national emergency declared by the President as a consequence of the
COVID-19 pandemic remains in effect, and the Judicial Conference of the United States has found
that it continues to materially affect the functioning of the federal courts.1
While the effects of the pandemic appear to be easing, and although the Court has resumed
normal operations in many respects, the Court is informed by the United States Marshal Service
that, of the 268 defendants that are presently in custody and awaiting trial, only 23 are vaccinated.
Moreover, COVID-19 Community Levels continue to fluctuate within the District with the
Paducah Courthouse currently located in an area with High COVID-19 Community Levels and
the Louisville Courthouse located in an area with Medium COVID-19 Community Levels.2
1 Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19 Pandemic), 87 Fed.
Reg. 10289 (Feb. 22, 2022) (citing Proclamation No. 9994, 85 Fed. Reg. 15,337 (Mar. 13, 2020)); Memorandum from
the Director of the Administrative Office of the United States Courts to all United States Judges (Mar. 1, 2022) (on
file with the Administrative Office of the United States Courts).
2 See the CDC’s COVID Data Tracker. Updated June 14, 2022.
Weighing the markedly improved pandemic conditions against the still-present risk, and
with the President’s and Judicial Conference’s emergency declaration still in effect, this Court
concludes that conditions warrant an additional extension of the video and teleconferencing
authorization under the CARES Act. Such finding does not suggest that it is still necessary to
conduct a large percentage of approved criminal hearings remotely, but rather acknowledges the
continued need for flexibility to use such hearings in appropriate cases.
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, 21-12, 21-17, 21-22, and 22-03 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: June 14, 2022
ENTERED
J J. JR., CLERK
6/14/2022
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
