UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
In Re: EIGHTH EXTENSION OF AUTHORIZATION GENERAL ORDER
TO USE VIDEO AND TELEPHONE CONFERENCING N0. 22-03
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, September 20, 2021, and December 17, 2021 by way of General Orders 20-13, 20-20,
20-28, 21-09, 21-12, 21-17, and 21-22.
Just under 90 days have passed since the issuance of GO 21-22, 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 269 defendants that are presently in custody and awaiting trial, only 22 are vaccinated.
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
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).
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, and 21-22 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: March 17, 2022
ENTERED
JAMES J. VILT JR., CLERK
3/17/2022
U.S. DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
