FILED
m 0 9 E021
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA^^C^ELff^
1^ ^
IN RE: USE OF VIDEO AND TELEPHONE )
CONFERENCING FOR CRIMINAL ) G.0.21-5.1
PROCEEDINGS DURING THE COVID-19 ) (Extending G.O. 20-9.1)
PANDEMIC )
ORDER
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and
Economic Security Act(CARES Act) into law. The CARES Act provides that "if the
Judicial Conference of the United States finds that emergency conditions due to the
national emergency declared by the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) will
materially affect the functioning of... the Federal courts generally ...the chiefjudge of
a district court covered by the finding... may authorize the use of video teleconferencing,
or telephone conferencing if video teleconferencing is not available." H.R. 748 at
§ 15002(b)(1). On March 29, 2020, the Judicial Conference of the United States
specifically found that emergency conditions due to COVID-19"have materially affected
and will materially affect the functioning of the federal courts generally." Memorandum
from Director James C. Duffto All United States Judges at 1 (Mar 29, 2020).
On March 31, 2020, I authorized the use of video teleconferencing, or telephone
conferencing if video teleconferencing is not reasonably available, for the events
authorized by § 15002(b)(1). In Re: Use of Video and Telephone Conferencing for
Criminal Proceedings During the COVID-19 Pandemic, G.O. 20-9.1 at 1-2 (Mar. 31,
2020). In addition, pursuant to § 15002(b)(2), I found that, under the circumstances then
existing,felony pleas under Fed.R.Crim.P. 11 and felony sentencings under Fed. R.Crim.
P. 32 could not in every instance be conducted in person without seriously jeopardizing
public health and safety. On June 29, 2020, the authorizations contained in G.O. 20-9.1
were extended for an additional 90 days. In Re: Use ofVideo and Telephone Conferencing
for Criminal Proceedings During the COVID-19 Pandemic^ G.O. 20-9.2 at 2 (June 29,
2020). On September 17, 2020, December 14, 2020, and March 11, 2021, the
authorizations were again extended for 90 days. In Re: Use of Video and Telephone
Conferencingfor Criminal Proceedings During the COVID-19 Pandemic, G.O. 20-9.3 at
2 (Sept. 17, 2020); In Re: Use of Video and Telephone Conferencing for Criminal
Proceedings During the COVID-19 Pandemic, G.O. 20-9.4 at 3 (Dec. 14, 2020); In Re:
Use of Video and Telephone Conferencingfor Criminal Proceedings During the COVID-
19 Pandemic, G.O. 21-5 at 3(Mar. 11, 2021).
Section 15002(b)(3)(A) ofthe CARES Act, G.O. 20-9.1, G.O. 20-9.2, G.O. 20-9.3,
G.O. 20-9.4, and G.O. 21-5 provide that ifemergency conditions continue to exist 90 days
after issuance ofthe original or subsequent Order,the ChiefJudge must review the findings
contained in the Order and determine whether to extend the authorizations contained
therein. Pursuant to that requirement, I have conducted that review and find that the
circumstances existing today weigh in favor of continuing the authorizations. While the
current rate of daily new cases of COVID-19 in the State of Oklahoma is less than it was
in March 2021,it is still six times higher than it was in March 2020. The seven-day average
of hospitalizations in the State is likewise nearly six times higher than it was in March
2020. Although 34 percent of Oklahomans have been fully vaccinated, community spread
of the virus remains extensive.
I therefore extend the authorizations contained in G.O. 20-9.1 for an additional 90
days. All other provisions of G.O. 20-9.1 shall remain in effect until further order of the
Court. If emergency conditions continue to exist 90 days from the date of this Order, the
findings contained in the Order will be reviewed and a determination will be made whether
to further extend the authorizations.
IT IS SO ORDERED this 9th day of June, 2021.
4-.
TIMOTHY D.DeGIUSTI
Chief United States District Judge
