FILED
November 29, 2021
At: 2:38 p.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 : THIRD 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, remains in effect, as does the national public health
emergency, renewed again by the federal government on October 18, 2021; 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, and September 2, 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 September 2, 2021 Second Extension of
Standing Order 2021-03, is due to be reviewed within 90 days thereof, or by December 1, 2021;
and
WHEREAS, due to the continued caution warranted under the exigent circumstances of
COVID-19, the provisions of this Court’s May 19, 2021 Amended Extension of Standing Order
2021-02, limiting in-person judicial proceedings, in both criminal and civil matters, to those
deemed necessary by the presiding judicial officer, remain in full force and effect; and
WHEREAS, pursuant to earlier standing orders, this Court’s protocols of temperature
taking and hand sanitizing by all entrants to the District’s courthouses, as well as mask wearing
in all public areas of Court facilities by entrants and occupants thereof, regardless of vaccination
status, remain in place; and
WHEREAS, since the entry of the Court’s most recent CARES Act Order, it has been
necessary, due to the ongoing pandemic, for the Court to also adopt a policy of requiring visitors
to its facilities to show proof of either full vaccination or negative COVID-19 test results as a
condition of access, through the entry of Standing Order 2021-08, on September 13, 2021; and
WHEREAS, while approximately 68% of the population of the State of New Jersey
has been fully vaccinated against COVID-19, the statewide transmission rate is currently 1.18%,
and the incidence of new COVID-19 cases has been rising in New Jersey since the end of
October 2021, with almost 29,000 new cases having been reported in the State during the last
two weeks, and also, while new infections are concentrated among unvaccinated individuals,
breakthrough cases among the vaccinated population have recently become more common; and
WHEREAS, during the prior week, a new strain of the virus which can be spread among
fully vaccinated persons, Omicron, was discovered, and the virulence of Omicron and the
efficacy against it of current FDA-approved vaccines and boosters have yet to be determined;
and
WHEREAS, health experts stress that continued precautions and vigilance are necessary,
due to expected colder winter weather and concomitant increased indoor gatherings, particularly
during the upcoming holidays, and due to the uncertainty of waning vaccine efficacy, and the
effects of Omicron and other potential variants of the virus; and
WHEREAS, even the most optimistic epidemiological models are predicting that the
United States will not return to the low transmission levels of July 2021 until March of 2022; 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,
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 the afore-mentioned enhanced risks and conditions are
expected to exist for all or substantially all of the period of time covered by this Order, and 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 and 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.
DATED: November 29, 2021 ____________________
Hon. Freda L. Wolfson
U.S. Chief District Judge
District of New Jersey
