FILED
UNITED STATES DISTRICT COURT AUQ 1 9 2022
WESTERN DISTRICT OF OKLAHOMA
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IN RE: USE OF VIDEO AND TELEPHONE ) gy \ riB i
CONFERENCING FOR CRIMINAL ) G.0.22-4
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 fimctioning 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. Thereafter,the authorizations contained in G.0.20-9.1 have been
extended for an additional 90 days. In Re: Use of Video and Telephone Conferencingfor
Criminal Proceedings During the COVID-19 Pandemic, G.O. 20-9.2 at 2(June 29,2020);
G.O. 20-9.3 at 2(Sept. 17, 2020); G.O. 20-9.4 at 3 (Dec. 14, 2020); G.O. 21-5 at 3(Mar.
11, 2021); G.O. 21-5.1 at 3 (June 9, 2021); G.O. 21-5.2 at 2(Sept. 7, 2021); G.O. 21-5.3
at 2(Dec. 2, 2021); G.O. 22-1 (Feb. 23, 2022)at 2; G.O. 22-3(May 23,2022).
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, G.O. 21-5, G.O. 21-5.1, G.O. 21-5.2, G.O. 21-5.3, G.O. 22-1, and G.O. 22-3
provide that ifemergency conditions continue to exist 90 days after issuance ofthe original
or subsequent Order, the Chief Judge 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. Although 66.9 percent of Oklahomans
have been fully vaccinated, new variants have been identified in the United States.
According to the Centers for Disease Control and Prevention, community spread of the
virus remains high in many ofthe counties in the Western District of Oklahoma,including
the two counties in which the District holds court.
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 fi:om the date of this Order, the
findings contained in the Order will be reviewed and a determination will be made whether
to fiirther extend the authorizations.
IT IS SO ORDERED this /f day ofAugust,2022.
TIMOTHY DmeGIUSTI
Chief United States District Judge
