March 16, 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 2021-06
1. In March 2020, Congress passed and the President signed the Coronavirus Aid, Relief
and Economic Security Act (“CARES Act”) 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 three times, and the existing authorization expires on March
22, 2021.
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4. At present, the vaccinations are proceeding, and the numbers of new COVID-19 cases
and deaths have fallen since their peak in December 2020 and January 2021. While there is
reason for optimism, the public health emergency persists. 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. Pursuant to § 15002(b)(3)(B) of the CARES Act, the court has reviewed the March 30,
2020, June 26, 2020, September 27, 2020, and December 22, 2020, 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. 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.
6. 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.
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7. This reauthorization will expire on June 20, 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: March 16, 2020
Michael F. Urbanski
Chief U.S. District Judge
2021.03.16 11:53:43
-04'00'
Michael F. Urbanski
Chief United States District Judge
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