June 15, 2021
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
IN RE: )
REAUTHORIZATION OF VIDEO )
AND TELECONFERENCE HEARINGS )
IN CRIMINAL CASES UNDER THE )
CARES ACT )
STANDING ORDER 2021-14
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(b)(1) and 15002(b)(2) of the
CARES Act, including felony guilty plea and sentencing hearings, as to which the court found
that such hearings could not 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 four times, and the existing authorization expires on June 20,
2021.
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4. On February 25, 2021, the President notified Congress that the pandemic continues to
cause significant risk to the public health and safety of the nation and, on February 26, 2021,
published formal notice in the Federal Register continuing the national emergency concerning
COVID-19. 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. As of today, the Centers for Disease Control and Prevention (“CDC”) reports that
144.9 million people are fully vaccinated, comprising 64.5% of the national population over
18 years of age. The corresponding vaccination figure for Virginia is 58.8%, as reported by the
Virginia Department of Health. The public health campaign to achieve herd immunity by
vaccination continues. While these numbers reflect progress, only around 20% of Western
District of Virginia federal detainees have been vaccinated, resulting in an ongoing concern as
to the transport and exposure of unvaccinated persons. In short, the public health emergency
persists.
6. 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, and March 16, 2021
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 coronavirus
pandemic requires an extension of the authorization for an additional 90 days. This is
particularly necessary as the vast majority of federal detainees awaiting trial in the Western
District of Virginia have not been vaccinated. In addition, the physical distancing requirements
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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.
7. In making this determination, the court has requested comment from the Acting
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.
8. This reauthorization applies both to the criminal proceedings specified in §§
15002(b)(1) 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 safety.
9. This reauthorization will expire on September 18, 2021. At that point, pursuant to §
15002(b)(3)(B) of the CARES Act, the court will review the authorization of authority and
determine whether to extend the authorization for an additional 90 days.
It is so ORDERED.
Entered: June 15, 2021
Michael F. Urbanski
Chief U.S. District Judge
2021.06.15 10:37:20 -04'00'
Michael F. Urbanski
Chief United States District Judge
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