May 01, 2020
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
IN RE: COVID-19 PANDEMIC. )
PUBLIC ACCESS TO REMOTE JUDICIAL )
PROCEEDINGS; )
CONFIDENTIALITY OF PRETRIAL )
SERVICES REPORTS )
STANDING ORDER 2020-12
1. Public Access to Remote Judicial Proceedings.
The judicial emergency created by the COVID-19 pandemic has required the court to
undertake its constitutional obligations by means of video and teleconferencing in an effort to protect
the health and safety of the public and persons involved in the judicial system. At the same time, the
public has a common law and constitutional right of access to court proceedings.
United States Judicial Conference policy prohibits the broadcasting of civil and criminal
proceedings in federal trial courts. See Guide to Judicial Policy, Vol. 10, Ch. 4 (“Judicial Conference
policy does not allow either civil or criminal courtroom proceedings in the district courts to be
broadcast, televised, recorded, or photographed for the purpose of public dissemination.”); JCUS-
SEP 94, at 46-47. Additionally, as to criminal proceedings, the Federal Rules of Criminal Procedure
generally prohibit the court from allowing “the broadcasting of judicial proceedings from the
courtroom.” Fed. R. Crim. P. 53.
Balancing the public’s right of access with these limitations on recording or broadcasting
federal district court proceedings, the Judicial Conference of the United States, acting on an
expedited basis though its Executive Committee, has approved a temporary exception that allows
federal courts to authorize the use of teleconference technology to provide the public and the media
with audio access to court proceedings during the period that public access to federal courthouses is
1
limited due to the health and safety concerns caused by the COVID-19 pandemic. Consistent with
such a temporary exception, the court authorizes the use of appropriate teleconference services in
this district in order to allow, to the extent practicable, members of the public and the press to access
a toll-free telephone line to remotely listen to the live audio-stream of civil and criminal court
proceedings that are conducted remotely during the judicial emergency created by the COVID-19
pandemic. Dial-in information, and further details outlining the procedure for the public and press
to telephonically access such remote proceedings, will be provided on the court’s public website.
Although toll-free telephone access to the audio-stream of Court proceedings conducted by
video or teleconference is temporarily authorized in this district, the prohibition against recording
and broadcasting court proceedings set forth in Standing Order 2013-8 Re: Possession and Use of
Portable Electronic Devices in Courthouses and Courtrooms, remains in force and applies to persons
remotely accessing court proceedings by telephone during the COVID-19 pandemic. Consistent with
Standing Order 2013-8, the following limitation is ORDERED regarding remote access to court
proceedings in this district during the COVID-19 judicial emergency:
The operation of any video or audio recording device by any
lawyer, litigant, participant, or observing member of the press
and public, is prohibited during remote proceedings. Therefore,
with the exception of court personnel, any person remotely
participating in, or listening to, a remote court proceeding may
not record, or cause to be recorded, any such proceeding.
Furthermore, no person participating in, or listening to, such a
proceeding may rebroadcast, live-stream, or otherwise
disseminate any live or recorded video or audio of the court
proceeding.
Violation of the prohibition against photographing, recording and
broadcasting of court proceedings may result in sanctions,
including removal of court issued media credentials, restricted
access to future hearings, denial of entry to future hearings, and
any other sanctions deemed necessary by the court.
Further procedural restrictions regarding toll-free telephonic access to court proceedings during the
judicial emergency created by the COVID-19 pandemic may be set forth on the court’s website and
2
may change from time to time as circumstances warrant.
2. Confidentiality of Pretrial Services Reports.
Section 3153(c) of Title 18 of the United States Code provides for confidentiality of Pretrial
Services Reports prepared by United States Probation Officers. Pretrial Services Confidentiality
Regulations, contained in Volume 8, Part A, Section 240.20.40 of the Guide to Judiciary Policy,
require pretrial services reports to be returned to probation officers following a judicial proceeding
concerning pretrial release or detention. Because these hearings are being held by video or
teleconference at present due to the judicial emergency created by the COVID-19 pandemic,
probation officers are authorized to provide Pretrial Services Reports to defense counsel and counsel
for the government by electronic means. During the judicial emergency created by the COVID-19
pandemic, the requirement that Pretrial Services Reports be returned to the probation officer at the
conclusion of a judicial proceeding is temporarily suspended. Counsel is required to maintain the
confidentiality of Pretrial Services Reports and may not disclose them to others.
It is so ORDERED.
Enter: This 1st day of May, 2020
Digitally signed by Michael F. Urbanski
DN: cn=Michael F. Urbanski, o=Western
District of Virginia, ou=United States District
Court,
[email protected], c=US
_____________________________
Date: 2020.05.01 11:38:30 -04'00'
Michael F. Urbanski
Chief United States District Judge
`
3
