or June 29, 2020, and if emergency conditions continued to exist, the judge would determine
whether the authorization would be extended.
On June 29, 2020, Judge Boyle extended the authorization for conducting video and
telephone conference proceedings for all events listed in Section 15002(b)(l)(A)-(J) with the
consent of the defendant or juvenile. See Standing Order 20-SO-9. On July 13, 2020, based on
changed circumstances in this district, Judge Boyle further found that 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 could not in some cases in this district be conducted in person without
seriously jeopardizing public health and safety. See Revised Standing Order 20-SO-9-1.
Accordingly, Judge Boyle extended the authorization for conducting video and telephone
conference proceedings in felony plea and sentencing proceedings in accordance with the CARES
Act. Id. Judge Boyle ordered that the extended authorization would remain in effect for up to 90
days from June 29, 2020, and if emergency conditions continued to exist, he would determine
whether the authorization would be extended.
Thereafter, on September 17, 2020 and, again, on December 8, 2020, Judge Boyle extended
the authorization for conducting video and telephone conference proceedings for all events listed
in Section 15002(b)(l)(A)-(J) of the Act with the consent of the defendant or juvenile. See
Standing Orders 20-SO-11, 20-SO-13. He also extended the authorization for conducting video
and teleconference proceedings in felony plea and sentencing proceedings in accordance with the
CARES Act. Id. Judge Boyle ordered that the extended authorization would remain in effect for
up to 90 days from the date of the order, unless emergency conditions ceased to exist or he
otherwise terminated the authorization; if emergency conditions continued to exist, the judge
would determine whether the authorization would be extended. Id.
2
On February 24, 2021 , President Biden issued a Notice on the Continuation of the National
Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic, stating "the
national emergency declared on March 13, 2020, and beginning March 1, 2020, must continue in
effect beyond March 1, 2021." Concurrently, the Judicial Conference finding remains in effect.
In addition, there are currently at least 879,825 confumed cases of COVID-19 within the State of
North Carolina. Due to the impact of the COVID-19 pandemic, the court is at times unable to use
some of its locations. As a result, emergency conditions due to the COVID-19 virus have affected
and will continue to materially affect the functioning of the courts within this judicial district.
Accordingly, pursuant to Section 15002(b)(l) of the CARES Act, I hereby extend the authorization
for the use in this district of video teleconferencing, or telephonic conference if videoconferencing
is not reasonably available, for all events listed in Section 15002(b)(1 ). Such proceedings may be
conducted via video or telephone conference only with the consent of the defendant or juvenile
after consultation with counsel.
Pursuant to Section 15002(b)(2) of the CARES Act, I further find that 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. Judges may also use this
authority for equivalent events in juvenile cases as described in Section 15002(b)(2)(8).
3
Pursuant to Section 15002(b)(3) of the CARES Act, this authorization will remain in effect
until the earlier of: (1) the date I, as Chief Judge, determine the authorization is no longer
warranted; (2) the date on which emergency authority by the Judicial Conference is terminated;
(3) the date the authorization has been terminated pursuant to Section 15002(b)(S)(A) of the Cares
Act; or (4) 90 days from the date of this order. If this authorization has not been terminated before
90 days from the date of this order, I will continue to review this authorization and determine
whether to extend it, in a frequency not to exceed 90 days.
SO ORDERED this 8th day of March, 2021.
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RJCHARD E. MYERS II
CHIEF UNITED STATES DISTRJCT JUDGE
4
