FILED
February 23, 2022
At: 8:55 a.m.
William T. Walsh
Clerk
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
IN RE: VIDEO CONFERENCING AND :
TELECONFERENCING FOR CRIMINAL : FOURTH EXTENSION OF
PROCEEDINGS UNDER THE CARES ACT : STANDING ORDER 2021-03
WHEREAS, due to the continuing COVID-19 pandemic, the National Emergency,
first declared on March 13, 2020 and extended on February 24, 2021, will be further extended
beyond its current March 1, 2022 expiration date, as announced by President Biden on
February 18, 2022; and
WHEREAS, the national public health emergency was also renewed again by the federal
government on February 11, 2022, in response to the continuing pandemic; 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
the Judicial Conference has not terminated that finding; and
WHEREAS, as Chief Judge, I found, on March 30, 2020, June 28, 2020, September 23,
2020, December 17, 2020, March 11, 2021, June 9, 2021, September 2, 2021, and November 29,
2021, 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 Orders authorizing the use
of video and telephone conferencing in criminal proceedings in conformance with the CARES
Act (“the Court’s prior CARES Act Orders”); and
WHEREAS, pursuant to Section 15002(b)(3) of the CARES Act, this Court’s most
recent authorization of the use of video and telephone conferencing in criminal proceedings,
in accordance with the CARES Act, set forth in its November 29, 2021, Third Extension of
Standing Order 2021-03, is due to be reviewed within 90 days thereof, or by February 27, 2022;
and
WHEREAS, despite the recent decline in the Omicron surge, the CDC and local public
health authorities still recommend that precautions be taken, particularly with the continued risk
of the Omicron variant to vulnerable and unvaccinated persons, including children aged 5 to 11
in New Jersey (of which only one-third have been vaccinated), and even the approximate 50%
of fully vaccinated New Jersey residents who are eligible for, but have not received, a booster;
and
WHEREAS, while the Omicron surge is declining in the U.S., infectious disease experts
are now concerned about an even more contagious strain of the variant present in the U.S.,
known as BA.2, that could become the new dominant variant and potentially rapidly accelerate,
resulting in more serious illness and death, and therefore, experts warn against rolling back
mandates and letting our guard down too soon; and
WHEREAS, accordingly, precautionary measures set forth in the Court’s prior Standing
Orders remain in effect in this District’s courthouses, including mask wearing by all occupants
of public areas of Court facilities, and the requirement that visitors show proof of either full
vaccination or negative COVID-19 test results as a condition of access; 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, quarantines, lockdowns and other restrictive conditions at said detention
facilities, and capacity limitations on transportation to this District’s courthouses and holding
facilities therein continue to constrain the Court’s ability to conduct in-person criminal
proceedings; 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;
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,
as well as limited in-person meetings with legal counsel; and
WHEREAS, the afore-mentioned national emergency declaration and the Judicial
Conference’s finding remain in effect; 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.
February 23, 2022 ____________________
Hon. Freda L. Wolfson
U.S. Chief District Judge
District of New Jersey
