On June 29, 2020, I extended authorization for conducting video and telephone
conference proceedings for all events listed in Section l 5002(b )( 1)(A)-(J) with the consent of the
defendant or juvenile. See Standing Order 20-SO-9. I did not extend authorization for conducting
video and telephone conference proceedings for felony pleas under Rule 11 of the Federal Rules
of Criminal Procedure and sentencings under Rule 32 of the Federal Rules of Criminal
Procedure.
Circumstances m this district have changed such that entry of this revised order is
warranted. There have been at least 87,528 confirmed cases of COVID-19 within the State of
North Carolina. Due to the impact of the COVID-19 pandemic, the court is now unable to utilize
two of its locations and two district judges are at this time unable to conduct in-person court
proceedings. Taking this into account, and in order to allow the judges on this court to continue
to preside over their active criminal cases, I revise my June 29, 2020, Standing Order as follows.
In addition to finding that events listed in Section l 5002(b )(1 )(A)-(J) of the CARES Act
may be conducted by video or telephone conference with the consent of the defendant or
juvenile, I further find that, pursuant to Section l 5002(b )(2) of the CARES Act, 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 cannot in some cases in this district be conducted in
person without seriously jeopardizing public health and safety. Accordingly, if a judge in an
individual case finds 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
video conferencing is not reasonably available, for the felony plea or sentencing in that case.
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Judges may also use this authority for equivalent events in juvenile cases as described in Section
15002(b)(2)(8).
Pursuant to Section 15002(b)(3) of the CARES Act, this authorization will remain in
effect for 90 days from June 29, 2020, the date of entry of Standing Order 20-SO-9, unless
terminated earlier. If emergency conditions continue to exist 90 days from the entry of Standing
Order 20-SO-9, I will review this authorization and determine whether to extend it.
SO ORDERED, this _/_J day of July, 2020.
~lJ.1s¥
Chief United States District Judge
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