FILED
May 17, 2022
At: 11:34 a.m.
William T. Walsh
IN THE UNITED STATES DISTRICT COURT Clerk
FOR THE DISTRICT OF NEW JERSEY
IN RE: VIDEO CONFERENCING AND :
TELECONFERENCING FOR CRIMINAL : FIFTH EXTENSION OF
PROCEEDINGS UNDER THE CARES ACT : STANDING ORDER 2021-03
WHEREAS, on March 13, 2020, the President of the United States declared the outbreak
of COVID-19 to be a national emergency, under the National Emergencies Act, 50 U.S.C. §§ 1601
et seq.; and
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; and
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 (“Judicial Conference’s finding”); and
WHEREAS, as Chief Judge, I found, on March 30, 2020, pursuant to Sections 15002(b)(1)
and (b)(2) of the CARES Act, that criminal proceedings, and specifically, felony pleas and felony
sentencings, could not be conducted in person without seriously jeopardizing public health and
safety, and therefore entered a Standing Order authorizing the use of video and telephone
conferencing in criminal proceedings in conformance with the CARES Act; and
WHEREAS, the national emergency, first declared on March 13, 2020, was continued
beyond March 1, 2021, and accordingly, this Court’s initial CARES Act Standing Order has been
extended eight times, the most recent such Order having been entered on February 23, 2022; and
WHEREAS, the national emergency was continued again, by President Biden, beyond
March 1, 2022, and remains in effect, as does the Judicial Conference’s finding; and
WHEREAS, the continuation of the national emergency and the Judicial Conference’s
finding means that this Court may again extend authorization of remote criminal proceedings; and
WHEREAS, pursuant to Section 15002(b)(3) of the CARES Act, this Court’s most recent
90-day authorization of the use of video and telephone conferencing in criminal proceedings, in
accordance with the CARES Act, set forth in its February 23, 2022, Fourth Extension of Standing
Order 2021-03, will expire on May 24, 2022; and
WHEREAS, with the continued presence of highly transmissible variants of the virus, the
spread of COVID-19 persists in New Jersey, where the statewide transmission rate has remained
consistently above 1.0 since April 1, 2022, and is currently at 1.26; and
WHEREAS, during the past two months, since the March 16, 2022 entry of the Court’s
Standing Order 2022-01, the average positive test rate has increased from 2.2% to 10.7%, and the
community risk levels of this State have increased from “low” in all 21 counties, to “high” in 10
counties (including Camden County, the location of our Camden courthouse), and “medium” in
11 counties (including Essex and Mercer Counties, the locations of our Newark and Trenton
courthouses); and
WHEREAS, this Court, therefore, still finds it necessary to continually monitor the
conditions in each of its three vicinages and to implement corresponding CDC recommendations;
and
WHEREAS, in accordance with CDC guidance, and pursuant to Standing Order 2022-01,
on May 16, 2022, this Court reinstated the indoor mask mandate in our Camden courthouse,
requiring all individuals, regardless of vaccination status or individual risk, to wear masks indoors
and in public, while Camden County’s community risk level remains high; and
WHEREAS, despite medical advances, including the widespread availability of vaccines,
and the fact that 75% of this District’s population has been fully vaccinated, less than 50% of those
fully vaccinated have received a booster, and substantial numbers of persons remain at high risk
from COVID-19, and therefore, precautions must be maintained; and
WHEREAS, the courthouses of this District continue to operate under restrictive entry
conditions, consistent with this Court’s prior Standing Orders, and will do so for the foreseeable
future; and
WHEREAS, many detainees housed in this District’s detention facilities remain
unvaccinated and/or unboosted, as do many staff of such facilities and others responsible for
facility and Court security; and
WHEREAS, although this Court resumed in-person proceedings on February 1, 2022, due
to the continued risk of COVID-19 transmission in detention facilities and the community, it still
remains necessary to conduct proceedings remotely when the interests of justice require it; and
WHEREAS, as Chief Judge, I find, therefore, that there are still enhanced risks of in-
person proceedings to defendants, the population of detention centers, and to court participants;
and
WHEREAS, I further find that video and teleconference proceedings held pursuant to the
Court’s prior CARES Act Orders have been effective and have substantially furthered the ends of
justice and have substantially avoided causing serious harm to the interests of justice, particularly
as to the interests of the defendants who have consented to the same; and
WHEREAS, I, as Chief Judge, find, pursuant to Section 15002(b)(1) of the CARES Act,
that due to the continuing effects of COVID-19, many criminal proceedings still cannot be
conducted in person without seriously jeopardizing public health and safety, and that pursuant to
Section 15002(b)(2) of the CARES Act, many felony pleas under Rule 11 of the Federal Rules of
Criminal Procedure and many felony sentencings under Rule 32 of the Federal Rules of Criminal
Procedure also cannot be conducted in person in this Court without seriously jeopardizing public
health and safety; it is hereby
ORDERED, pursuant to Section 15002(b)(3) of the CARES Act, that the authorization in
the Court’s prior CARES Act Orders of the use of video and telephone conferencing in criminal
proceedings is further extended for an additional 90 days from the date of this Order, unless this
Order is terminated or vacated prior to such date according to the procedures set forth in the last
paragraph of this Order; and it is further
ORDERED that, in lieu of personal appearance, and with the consent of the defendant
after consultation with counsel, video conferencing, or telephone conferencing if video
conferencing is not reasonably available, is continued to be authorized for all events listed in
Section 15002(b) of the CARES Act, including the ten criminal proceedings enumerated in the
Second Extension of Amended Standing Order 2020-06; and it is further
ORDERED that if a judge in an individual case finds, for specific reasons, that any felony
plea or felony sentencing, or any equivalent plea or sentencing, as well as proceedings under the
Federal Juvenile Delinquency Act, cannot be further delayed without serious harm to the interests
of justice, then, with the consent of the defendant, or the juvenile, after consultation with counsel,
the plea, sentencing or any equivalent proceeding, may be conducted by video conference, or by
telephone conference if video conferencing is not reasonably available; and it is further
ORDERED that if, 90 days from the date of this Order, the emergency declaration remains
in effect, along with the Judicial Conference’s finding that the emergency conditions will
materially affect the functioning of the federal courts, the Chief Judge shall review the
authorization described in this Order and determine whether it shall be further extended. Pursuant
to Section 15002(b)(3)(A) of the CARES Act, such review will occur at least once every 90 days,
until the last day of the covered emergency period, or until the Chief Judge determines that the
authorization is no longer warranted. Should the above-referenced emergency declaration or the
Judicial Conference’s finding 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.
May 17, 2022
______________________
Hon. Freda L. Wolfson
U.S. Chief District Judge
District of New Jersey
