UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
In Re: SECOND EXTENSION OF AUTHORIZATION GENERAL ORDER
TO USE VIDEO AND TELEPHONE N0. 20-20
CONFERENCING FOR CRIMINAL
PROCEEDINGS PURSUANT TO THE CARES ACT
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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 CARES Act. On June 29, 2020, I reviewed and
extended these authorizations by way of General Order 20-13.
As Chief Judge, and pursuant to Section 15002(b)(3)(A) of the legislation, I have again
reviewed these authorizations and have determined to extend the authorization to use video
conferencing, or telephone conferencing if video conferencing is not reasonably available, for all
events listed in Section 15002(b)(1) of the legislation, with the consent of the defendant after
consultation with counsel, for an additional 90 days. I additionally reauthorize the use of video
conferencing, or telephone conferencing if videoconferencing is not reasonably available, for all
events listed in Section 15002(b)(2) of the legislation for a period of 90 days.
Given the continuing fluidity of the COVID-19 pandemic within the Western District of
Kentucky, which is comprised of four divisional courthouses spanning a distance of roughly 200
miles, there may be relevant differences in the severity of the COVID-19 outbreak among these
locations. As such, and pursuant to Section 15002(b)(2) of the CARES Act, I specifically find that
there may be some 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 that cannot be
conducted in person without seriously jeopardizing public health and safety.
Accordingly, if the presiding judge in a case determines that a given felony plea or
sentencing hearing cannot be conducted in person without seriously jeopardizing public health and
safety, then this Court authorizes on its own motion the use of videoconferencing, or
teleconferencing if videoconferencing is not reasonably available, in such proceedings. Under
section 15002(b)(2)(A) of the CARES Act, the presiding judge must additionally find, for specific
reasons, that a felony plea or sentencing in that case cannot be further delayed without serious
harm to the interests of justice, the judge may, with the consent of the defendant after consultation
with counsel, use video conferencing, or teleconferencing if videoconferencing is not reasonably
available, for the felony plea or sentencing in that case. Judges may also use this authority for
equivalent events in juvenile cases as described in Section 15002(b)(2)(B).
Pursuant to Section 15002(b)(3)(B) of the legislation, this authorization will remain in
effect for 90 days unless terminated earlier. 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.
DATED: September 25, 2020
ENTERED
VANESSA L ARMSTRONG, CLERK
Sep 25, 2020
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
