UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
In Re: SEVENTH EXTENSION OF AUTHORIZATION GENERAL ORDER
TO USE VIDEO AND TELEPHONE CONFERENCING N0. 21-22
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, June
22, 2021, and September 20, 2021 by way of General Orders 20-13, 20-20, 20-28, 21-09, 21-12,
and 21-17.
Just under 90 days have passed since the issuance of GO 21-17, 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 current overall COVID-19 incidence rate in the Commonwealth of
Kentucky stands at 43.53 per 100,000 people and the positivity rate is 8.84%.1 The Centers for
Disease Prevention and Control has deemed all but one county within the Western District as being
in an area of “substantial or high transmission” of COVID-19.2
While COVID-19 cases have begun to trend slightly downward within the Commonwealth,
COVID-19 related hospital admissions are on the rise.3 Moreover, top federal health officials have
warned that the omicron variant is rapidly spreading in the United States and could peak in a
massive wave of infections as soon as January, according to new modeling analyzed by the CDC.4
1
See the Kentucky Cabinet for Health and Family Service’s Daily Report for December 16, 2021.
2
See the CDC’s COVID Data Tracker. Updated December 17, 2021.
3
Rickert, Aprile. KY COVID-19 Cases Dip, Hospitalizations Still Up, WFPL (December 15, 2021)
4 Lena H. Sun, Joel Achenbach, Laurie McGinley, and Tyler Page. Omicron Spreading Rapidly in U.S. and Could
Bring Punishing Wave as Soon as January, CDC Warns. Washington Post (Updated December 14, 2021 at 8:02
p.m.).
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 ongoing COVID-19 pandemic,
the emergence of new variants, and the continued high rate of infections throughout the United
States and the Western District of Kentucky, the continued ability to use video teleconferencing
or telephone conferencing for hearing certain criminal matters is imperative for public safety and
to minimize the risk of exposure to the public, detention facilities, defendants, staff, and counsel.
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, and 21-17 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: December 17, 2021
ENTERED
J J. JR., CLERK
12/17/2021
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
