USDC DNJ
DOCUMENT
ELECTRONICALLY FILED
IN THE UNITED STATES DISTRICT COURT DOC #: ___________________
FOR THE DISTRICT OF NEW JERSEY DATE FILED: _______________
3/30/2020
IN RE: EXPANDED USE OF
ELECTRONIC SIGNATURES DUE TO
Standing Order 2020-07
THE EXIGENT CIRCUMSTANCES
CREATED BY COVID-19
WHEREAS, on March 13, 2020, a national emergency was declared
under the National Emergency Act, 50 U.S.C. § 1601, et. seq., in light of the
COVID-19 pandemic;
WHEREAS, on March 16, 2020, the Court issued Standing Order 2020-
02, postponing all civil and criminal jury trials, but noting that the Court
remained open for judicial business and permitting judicial officers to hold
hearings, conferences, changes of plea hearings, and bench trials in their
sound discretion;
WHEREAS, on March 27, 2020, Congress enacted the Coronavirus Aid,
Relief, and Economic Security Act (“CARES Act”), authorizing the use of
video and telephone conferencing, under certain circumstances and with the
consent of the defendant, for various criminal case events during the course
of the COVID-19 emergency, see The CARES Act, H.R. 748, pursuant to
certain findings by the Judicial Conference of the United States;
WHEREAS, on March 29, 2020, the Judicial Conference found that
emergency conditions, consistent with the national emergency declared with
respect to COVID–19, will materially affect the functioning of the Federal
courts; and
WHEREAS, on March 30, 2020, I, as Chief Judge, pursuant to Section
15002(b)(1) of the CARES Act, based on a finding that criminal proceedings
cannot be conducted in person without seriously jeopardizing public health
and safety, entered Standing Order 2020-06, providing that in lieu of
personal appearance, and with the consent of the defendant after
consultation with counsel, it is appropriate to use video conferencing, or
telephone conferencing if video conferencing is not reasonably available, for
all events listed in Section 15002(b) of the CARES Act; and
WHEREAS, certain Federal Rules of Criminal Procedure, such as
Rules 10(b)(2), 15(c)(l)(A), 20(a)(l), 23(a)(l), 32(e), 43(b)(2), allow for consent or
waiver of certain rights by a defendant, but require that such consent or
waiver be in writing. More broadly, various documents, including but not
limited to financial affidavits and appearance bonds/orders for release, call
for the signatures of defendants, counsel, and/or judges. The current
circumstances, and the increased usage of video and telephone conferencing,
likely make it impracticable, if not impossible, to obtain actual signatures in
a timely and safe manner.
For these reasons, IT IS ORDERED THAT, where a judge finds that
obtaining an actual signature is impracticable or imprudent in light of the
public health situation relating to COVID-19, any document may be signed
electronically.
IT IS FURTHER ORDERED that, where a defendant's signature is
required, either defense counsel or the presiding judge may sign on the
defendant's behalf if the defendant, after an opportunity to consult with
counsel, consents.
IT IS FURTHER ORDERED THAT, where consent or waiver is not
explicitly required to be in writing by the Federal Rules of Criminal
Procedure or other applicable law, such consent or waiver may be obtained in
whatever form is most practicable under the circumstances, so long as the
defendant's consent or waiver is clearly reflected in the record.
SO ORDERED.
_________________________________
Hon. Freda L. Wolfson, Chief Judge
United States District Court for the
District of New Jersey
March 30, 2020
Trenton, New Jersey
–2–
