IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
CLERK'S OFFICE U.S. DISTRICT. COURT
IN RE: ) AT ROANOKE. VA
FILED
REAUTHO RIZATIO OF VIDEO )
AND TELECO FERE CE HEARINGS )
JAN 12 2023
IN CRIMI AL CASES U DER THE )
CARESACT )
STANDING ORDER 2023-1
1. In March 2020, the Coronavirus Aid, Relief and Economic Security Act ("CARES
Act") was enacted authorizing video and teleconferencing under certain circumstances for
various criminal proceedings during the COVID-19 emergency. On March 29, 2020, the
Judicial Conference of the United States made a finding of the need to conduct such hearings
in federal courts generally.
2. By Standing Order dated March 30, 2020, the court authorized video and
teleconferences in the Western District of Virginia under the CARES Act. Such authorization
applied to both criminal proceedings specified in §§ 15002(6)(1) and 15002(6)(2) of the
CARES Act, including felony guilty plea and sentencing hearings, as to which the court found
that such hearings could no t be conducted in person without seriously jeopardizing public
health and safety.
3. The CARES Act provided the court with authority to conduct criminal proceedings by
video and teleconference for up to 90 days and provided for subsequent extensions. The
authorization has been extended eleven times, and the existing authorization expires on
January 11, 2023.
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4. On January 11, 2023, the President extended the nation's COVID-19 public health
emergency until April 11, 2023, in anticipation of a potential surge of outbreaks over the next
few months. Although COVID-19 levels in our district are generally in the "low" or
"medium" range, spikes continue to occur periodically. COVID-19 continues to cause risk to
the public health and safety of the nation. Because the national emergency has been, extended
and the Judicial Conference finding of emergency conditions remains in effect, the
authorization for the expanded use of video and telephone conferencing under the CARES
Act remains available to courts still affected by the pandemic.
5. Since COVID-19 emerged in 2020, there have been periods of increased cases,
hospitalizations, and deaths. The introduction of multiple variants and subvariants has created
challenges in combating the disease. Some people who have been vaccinated have still
contracted COVID-19 and in some cases have contracted it more than once.
6. As of January 5,2023, the CDC reports that 69.01 % of the national population have
been vaccinated. In Virginia 73.6% of the population is fully vaccinated as reported by the
Virginia Department of Health. Although vaccines have been made available to persons in
detention facilities in this district, the corresponding vaccination rates are far lower. Despite
monumental vaccination efforts, the public health emergency persists.
7. Pursuant to§ 15002(b)(3)(B) of the CARES Act, the court has reviewed the March 30,
2020,June 26, 2020, September 27, 2020, December 22, 2020, March 16, 2021,June 15, 2021,
September 24, 2021, February 28, 2022, May 23, 2022, August 18, 2022, and November 9,
2022, authorizations for the use of video and teleconferencing and the current public health
situation and has concluded that the public health emergency caused by the ongoing
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coronavirus pandemic requires an extension of the authorization for an additional period of
time. In addition, the physical distancing requirements for conducting in-person court
proceedings safely limits the court's ability to conduct multiple court proceedings in a given
day. As such, the continued use of video and teleconference proceedings provides the court
with the requisite flexibility to address a multitude of criminal proceedings, while
simultaneously assuring the safety and well-being of all participants.
8. In making this determination, the court has requested comment from the United States
Attorney, the Federal Public Defender, and the Representative for Criminal Justice Act Panel
for the Western District of Virginia, each of whom support reauthorization.
9. This reauthorization applies both to the criminal proceedings specified in
§§ 15002(b)(l ) and 15002(b)(2) of the CARES Act, including felony guilty plea and sentencing
hearings, as to which the court continues to find that such hearings cannot be conducted in
person without seriously jeopardizing public health and safe ty.
10. This reauthorization will expire on April 11, 2023. At that point, pursuant to
§ 15002(b)(3)(B) of the CARES Act, the court will review the authorization o f authority and
determine whether to extend the authorization for an additional 90 days.
It is so ORDE RED .
Entered: J anuary 12, 2023
Digitally signed by Michael F.
Urbanski Chief U.S. District
Judge
Date: 2023.01.12 09:45:35 -05'00'
Michael F. Urbanski
Chief United States District Judge
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