FILED
RICHARD VJ. NAG;_._
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO 2020 APR -3 PM 2: f7
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In Re: \;T~: ::? .i; {1; 3T GH10
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COURT OPERATIONS UNDER THE AMENDED
EXIGENT CIRCUMSTANCES GENERAL ORDER NO. 20-07A
CREATED BY COVID-19 WITH RESPECT
TO VIDEO TELECONFERENCING FOR
CRIMINAL PROCEEDINGS
AMENDED GENERAL ORDER
On March 30, 2020, this Court issued General Order 20-07 implementing the CARES
Act, which authorizes the use of video and telephone conferencing under certain circumstances
in criminal proceedings during the COVID-19 pandemic. The Order set forth the types of
proceedings in which video and telephone conferencing can be used and the circumstances under
which it shall be used. The purpose of this Amended Order is to provide guidance to the public
and to the press on the use of video and telephone conference technology.
Congress passed the Act in response to courts closing or limiting operations due to the
COVID-19 pandemic and provided an electronic means for courts to continue holding certain
criminal proceedings. This authorization enables courts to include usual participants in and
observers of such proceedings by remote means. This would include not only defendants,
lawyers, probation officers, and court personnel, but also others who normally participate in or
observe such criminal proceedings, including victims, family members, the public, and the press.
Accordingly, allowing this wide range of individuals to participate in or observe criminal
proceedings conducted by video or telephone conference is authorized by the CARES Act and
therefore does not violate Rule 53.
The CARES Act authorization applies only to access through video and telephone
conferencing technology. Rule 53 of the Federal Rules of Criminal Procedure provides that the
court must not permit the taking of photographs or the broadcasting of judicial proceedings.
Thus, more traditional forms of "broadcasting" court proceedings, such as live streaming court
hearings on the internet, are prohibited by Rule 53. Because these broadcasting activities are not
authorized by the CARES Act, they remain prohibited by Rule 53 and therefore it is not
pennissible for anyone to record criminal hearings for distribution.
Accordingly, it is hereby ORDERED, that persons granted remote access to proceedings
are reminded of the general prohibition against photographing, recording, and rebroadcasting of
court proceedings. Violation of these prohibitions may result in sanctions, including removal of
court-issued media credentials, restricted entry to future hearings, denial of entry to future
hearings, or any other sanctions deemed necessary by this Court.
IT IS SO ORDERED.
DATED: April 3, 2020
ALGENO · - .-,...&Clu.~,.....EY
CHIEF UNITED STATES DISTRICT JUDGE
