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UNITEDSTATES DISTRICTCOURT JAM ! 9 PH 5= f S
SOUTHERN DISTRICT OF OHIO
SOU1HERN UiST. OHIO
In Re: -AST. HIV. COt. UMBUS
COURT OPERATIONSUNDERTHE
EXIGENT CIRCUMSTANCES GENERALORDERNO. 23-01
CREATEDBY COVID-19WITH RESPECT
TO VIDEOTELECONFERENCINGFOR
CRIMINALPROCEEDINGS
This Court issues this General Order, as one in a series of General Orders, in response to
the ongoing spread of the Coronavirus Disease (COVID-19) in the Southern District of Ohio and
elsewhere. There have been approximately one hundred one million, five hundred eighteen
thousand, two hundred twenty-nine confinned cases ofCOVID-19 throughout the United States,
morethanthreemillion, threehundredthirty-onethousand,sixhundredfifty-onetotal casesacross
Ohio, and ofthat total, over one million, seven hundred forty-seven thousand, five hundred fifty-
two cases in the Southern District of Ohio, with seats of Court in Columbus, Cincinnati, and
Dayton. On March 13, 2020, the President declared a National Emergency relating to COVID- 19,
whichremains in place as ofthe dateofthis Order.
Due to COVID-19 and its impact on institutions, including the judiciary and its
administration of justice, Congress has passed legislation 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 Section 15002 et seq. The Judicial Conference ofthe United States has also found
that emergency conditions due to the national emergency declared by the President have affected
andwill materially affectthe functioningofthe federal courts generally.
On March 30, 2020, I, as Chief Judge of this District, issued General Order 20-07,
authorizing the use of video conferencing, or telephone conferencing if video conferencing was
not reasonably available, for all criminal proceedings listed in Section 15002(b) of the CARES
Act. In addition, pursuant to Section 15002(b)(2), I found that felony pleas under Rule 1 1 of the
Federal Rules of Criminal Procedure and felony sentencings under Rule 32 of the Federal Rules
of Criminal Procedure could not be conducted in person in this District without seriously
jeopardizingpublic healthand safety. General Order20-07 expiredon June30, 2020.
On May 29, 2020, I issued General Order 20-18, which extended the operative effect of
the authorizationsin General Order20-07. More specifically. General Order20-18authorizedthe
use of video conferencing, or telephone conferencing if video conferencing was not reasonably
available, for all criminal proceedings listed in Section 15002(b) of the CARES Act, and did so
for a period ofninety days after the issuance of that General Order. General Order 20-18 expired
on August27, 2020.
On August 20, 2020, I issued General Order 20-26, which extended the operative effects
of the authorizations in General Orders 20-07 and 20-18. General Order 20-26 authorized the use
of video conferencing, or telephone conferencing if video conferencing was not reasonably
available, for all criminal proceedings listed in Section 15002(b) of the CARES Act, and did so
for a period ofninety days after the issuance ofthat General Order. General Order 20-26 expired
on November 18, 2020.
OnNovember 17, 2020,I issuedGeneralOrder20-35,whichextendedthe operativeeffects
of General Orders 20-07, 20-18, and 20-26. General Order 20-35 authorized the use of video
conferencing, or telephone conferencing if video conferencing was not reasonably available, for
all criminal proceedings listed in Section 15002(b) of the CARES Act, and did so for a period of
ninety days after the issuance of that General Order. General Order 20-35 expired on February
15, 2021.
On February 11, 2021, 1 issuedGeneral Order21-05 whichextendedthe operative effects
of General Orders 20-07, 20-18, 20-26, and 20-35. General Order 21-05 authorized the use of
video conferencing, or telephone conferencing if video conferencing was not reasonably available,
for all criminal proceedings listed in Section 15002(b) of the CARES Act, and did so for a period
of ninety days after the issuance ofthat General Order. General Order 21-05 expired on May 12,
2021.
On May 11, 2021, 1 issued General Order 21-12 which extended the operative effects of
General Orders 20-07, 20-18, 20-26, 20-35, and 21-05. General Order 21-12 authorized the use
of video conferencing, or telephone conferencing if video conferencing was not reasonably
available, for all criminal proceedings listed in Section 15002(b) of the CARES Act, and did so
for a period ofninety days after the issuance ofthat General Order. General Order 21-12 expired
on August 9, 2021.
On August 6, 2021, 1 issued General Order 21-19, which extended the operative effects of
General Orders 20-07, 20-18, 20-26, 20-35, 21-05, and 21-12. General Order 21-19 authorized
the useofvideo conferencing,ortelephoneconferencingifvideo conferencingwasnot reasonably
available, for all criminal proceedings listed in Section 15002(b) of the CARES Act, and did so
for a period of ninety days after the issuance of that General Order. General Order 21-19 expired
on November 4, 2021.
On November 2, 2021, 1 issued General Order 21-23, which extended the operative effects
of General Orders 20-07, 20-18, 20-26, 20-35, 21-05, 21-12, and 21-19. General Order 21-23
authorized the use of video conferencing, or telephone conferencing if video conferencing was not
reasonably available, for all criminal proceedings listed in Section 15002(b) of the CARES Act,
and did so for a period ofninety days after the issuance ofthat General Order. General Order 21-
23 expired on January 31, 2022.
On January 31, 2022, 1 issued General Order 22-06, which extended the operative effects
of General Orders 20-07, 20-18, 20-26, 20-35, 21-05, 21-12, 21-19, and 21-23. General Order 22-
06 authorizedthe use ofvideo conferencing, or telephone conferencingif video conferencingwas
not reasonably available, for all criminal proceedings listed in Section 15002(b) of the CARES
Act, and did so for a period of ninety days after the issuance ofthat General Order. General Order
22-06 expired on May 1, 2022.
On April 29, 2022, 1 issued General Order 22-14, which extended the operative effects of
General Orders 20-07, 20-18, 20-26, 20-35, 21-05, 21-12, 21-19, 21-23, and 22-06. General Order
22-14 authorizedthe use ofvideo conferencing, or telephone conferencing if video conferencing
was not reasonably available, for all criminal proceedings listed in Section 15002(b) ofthe CARES
Act, and did so for a period ofninety days after the issuance ofthat General Order. General Order
22-14 expiredon July 29, 2022.
On July 26, 2022, 1 issued General Order 22-18, which extended the operative effects of
General Orders 20-07, 20-18, 20-26, 20-35, 21-05, 21-12, 21-19, 21-23, 22-06, and22-14. General
Order 22-18 authorized the use of video conferencing, or telephone conferencing if video
conferencing was not reasonably available, for all criminal proceedings listed in Section 15002(b)
ofthe CARESAct, anddid so for a period ofninety days afterthe issuanceofthat General Order.
General Order22-18 expired on October23, 2022.
On October 21, 2022, 1 issued General Order 22-21, which extended the operative effects
of General Orders 20-07, 20-18, 20-26, 20-35, 21-05, 21-12, 21-19, 21-23, 22-06, 22-14, and 22-
18. General Order 22-21 authorizedthe use of video conferencing, or telephone conferencing if
video conferencing was not reasonably available, for all criminal proceedings listed in Section
15002(b) of the CARES Act, and did so for a period of ninety days after the issuance of that
General Order. General Order 22-21 is scheduled to expire on January 19, 2023.
The end of the period specified in General Order 22-21 is now approaching. Section
15002(b)(3)(B) ofthe CARESAct thus requires me to determine whetheran additionalextension
of the previous authorizations that I issued under that Act is warranted. Based on my review of
the current situation, I find that the continuing spread ofCOVID-19throughout this District, the
emergence of several new more virulent variants of the COVID-19 virus, most notably the
Omicron variant and its permutations, and the ongoing harm that the disease is causing to persons
residing in this District, constitutes an ongoing emergency condition that warrants an extension of
the authorizations set forth in General Order 22-21 (which itself was an extension of the
authorizations in General Orders 20-07, 20-18, 20-26, 20-35, 21-05, 21-12, 21-19, 21-23, 22-06,
22-14, and 22-18). Accordingly, I now find as follows:
As ChiefJudge, andpursuant to Section 15002(b)(l) ofthe CARES Act, I hereby authorize
the use of video conferencing, or telephone conferencing if video conferencing is not reasonably
available, for all events listed in Section 15002(b) of the legislation to wit:
a) Detention hearingsunder Section3142 oftitle 18, United States Code.
b) Initial appearancesunder Rule 5 ofthe Federal Rules ofCriminal Procedure.
c) Preliminary hearingsunderRule 5. 1 ofthe FederalRules ofCriminal Procedure.
d) Waiversof indictment underRule 7(b) ofthe FederalRules ofCriminal Procedure.
e) ArraignmentsunderRule 10 ofthe Federal Rules ofCriminal Procedure.
f) Probation and supervised release revocation proceedings under Rule 32.1 ofthe Federal
Rules of Criminal Procedure.
g) Pretrial release revocation proceedings under Section 3148 of title 18, United States
Code.
h) Appearances under Rule 40 ofthe Federal Rules of Criminal Procedure.
i) Misdemeanor pleas and sentencings as described in Rule 43(b)(2) ofthe Federal Rules
of Criminal Procedure.
j) Proceedings under Rule 403 of title 18, United States Code (commonly known as the
"Federal Juvenile Delinquency Act"), except for contested transfer hearings and
juvenile delinquency adjudication or trial proceedings.
Additionally, pursuant to Section 15002(b)(2), I, as Chief Judge, on my own motion,
further specifically find that felony pleas under Rule 11 ofthe Federal Rules ofCriminal Procedure
and felony sentencings under Rule 32 of the Federal Rules of Criminal Procedure cannot be
conducted in person in this District without seriously jeopardizing public health and safety. As a
result, if anyjudge in an individualcasefinds,for specificreasons,thata felonypleaor sentencing
in that case cannot be further delayed without serious hanm to the interests ofjustice, the judge
may, with the consent ofthe defendant after consultation with counsel, use video conferencing, or
teleconferencing if video conferencing is not reasonably available, for the felony plea or
sentencing in that case. Judges may also use this authority for equivalent events injuvenile cases
as described in Section 15002(b)(2)(B), with the consent of the juvenile after consultation with
counsel.
Pursuant to Section 15002(b)(3) of the CARES Act, this Order, which is effective
immediately, will remain in effect for 90 days unless terminated earlier. If emergency conditions
continue to exist 90 days from the date of this Order, or if the President's 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 will review this Order and
determine whether to extend it. Such review will occur not less frequently than once every 90
days, until the last day of the covered emergency period or until the ChiefJudge determines that
this authorization is no longer warranted.
IT IS SO ORDERED.
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DATED: January 19, 2023 ^^<-'^/^^
ALGENOl^t. MARBLEY
CHIEF UNITEDSTATES DISTRICTJUDGE
