Case: 1:20-mc-00001-RAM-RM Document #: 41 Filed: 06/28/22 Page 1 of 4
DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISIONS OF ST. CROIX and ST. THOMAS/ST. JOHN
)
IN RE: ) General Order
)
DISTRICT COURT OPERATIONS )
DURING THE COVID-19 ) Miscellaneous No. 2020-0001
OUTBREAK )
)
THIRTY-NINTH ORDER CONCERNING OPERATIONS OF
THE DISTRICT COURT OF THE VIRGIN ISLANDS
VIDEO AND TELECONFERENCES FOR CRIMINAL PROCEEDINGS
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency under the National Emergencies Act (50 U.S.C. §§ 1601 et seq.) with respect to the
coronavirus disease (“COVID-19”), which was extended by the President on February 18, 2022;
and
WHEREAS, on March 27, 2020, Congress passed, and the President signed, the
Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) authorizing the use of
videoconferencing and teleconferencing—under certain circumstances and with the consent of the
defendant after consultation with counsel—for various events in criminal cases during the course
of the COVID-19 emergency, see CARES Act, H.R. 748, §§ 15002 et seq.; and
WHEREAS, on March 29, 2020, the Judicial Conference of the United States found,
pursuant to the CARES Act, that emergency conditions due to the above-referenced national
emergency declared by the President have materially affected and will materially affect the
functioning of the federal courts generally; and
WHEREAS, beginning on April 9, 2020, and extended thus far through June 28, 2022, in
the Court’s CARES Act Orders, the Chief Judge exercised the authority granted pursuant to
§ 15002(b)(1) of the CARES Act, to authorize, on the Chief Judge’s own motion, the use of
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videoconferencing or teleconferencing for certain criminal proceedings under certain conditions;
and
WHEREAS, although in the Court’s Orders Concerning Operations of the District Court
of the Virgin Islands During the COVID-19 Outbreak, last issued on May 31, 2022, the Court
adjusted its operations as appropriate, the Court nonetheless recognized certain issues that
counseled in favor of caution: the continuing danger and threat to public health and safety that
COVID-19 and its variants pose; the unpredictability and uncertainty of the pandemic’s impact in
the Virgin Islands at any given time; the need for the continued implementation of precautionary
and preventive measures; and the need for flexibility to adjust the Court’s operations in light of
the COVID-19 circumstances in the Territory; and
WHEREAS, in the Thirty-Fifth Order—the tenth of the CARES Act Orders—the Chief
Judge ordered that pursuant to § 15002(b)(3) of the CARES Act, the Thirty-Fifth Order would
remain in effect for 90 days, unless terminated earlier, and that if on the 90th day, the President’s
emergency declaration remained in effect, along with the Judicial Conference’s finding that the
emergency conditions will materially affect the functioning of the federal courts, the Chief Judge
would review the authorization in the Thirty-Fifth Order and determine whether it should be
extended; and
WHEREAS, on this day, June 28, 2022, the 90th day after the entry of the Court’s Thirty-
Fifth Order, the President’s emergency declaration and the Judicial Conference’s finding remain
in effect; and
WHEREAS, as Chief Judge, the undersigned continues to have the authority, pursuant to
§ 15002(b)(1) of the CARES Act, to authorize, on my own motion, the use of videoconferencing
or teleconferencing for certain criminal proceedings under certain conditions; and
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WHEREAS, as Chief Judge and pursuant to § 15002(b)(2) of the CARES Act, the
undersigned specifically finds, on my own motion, that in this judicial district certain felony pleas
under Rule 11 of the Federal Rules of Criminal Procedure and certain felony sentencings under
Rule 32 of the Federal Rules of Criminal Procedure still cannot be conducted in person without
seriously jeopardizing public health and safety, in view of the continuing impact and
unpredictability of the pandemic as reflected in the Court’s General Orders and most recently in
the Court’s Thirty-Eighth Order; and
NOW THEREFORE, it is hereby
ORDERED that, pursuant to § 15002(b)(3) of the CARES Act, the Court’s Thirty-Fifth
Order entered on March 30, 2022, is renewed and extended to the fullest extent permitted by law
for 90 days from the date of this Order unless terminated earlier. Specifically, it is hereby
ORDERED that, pursuant to § 15002(b)(1) of the CARES Act, videoconferencing, or
teleconferencing if videoconferencing is not reasonably available, is authorized for use for the
following criminal proceedings, with the consent of the defendant, or the juvenile, after
consultation with counsel:
• Detention hearings under Section 3142 of Title 18, United States Code;
• Initial appearances under Rule 5 of the Federal Rules of Criminal Procedure;
• Preliminary hearings under Rule 5.1 of the Federal Rules of Criminal Procedure;
• Waivers of indictment under Rule 7(b) of the Federal Rules of Criminal Procedure;
• Arraignments under Rule 10 of the Federal Rules of Criminal Procedure;
• Probation and supervised release revocation proceedings under Rule 32.1 of the
Federal Rules of Criminal Procedure;
• Pretrial release revocation proceedings under Section 3148 of Title 18, United
States Code;
• Appearances under Rule 40 of the Federal Rules of Criminal Procedure;
• Misdemeanor pleas and sentencings as described in Rule 43(b)(2) of the Federal
Rules of Criminal Procedure; and
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• Proceedings under chapter 403 of Title 18, United States Code (commonly known
as the “Federal Juvenile Delinquency Act”), except for contested transfer hearings
and juvenile delinquency adjudication or trial proceedings;
and it is further
ORDERED that, pursuant to § 15002(b)(2) of the CARES Act, if a district judge in a
particular case finds for specific reasons that a felony plea or sentencing in that case cannot be
further delayed without serious harm to the interests of justice, the judge may, with the consent of
the defendant after consultation with counsel, use videoconferencing, or teleconferencing if
videoconferencing is not reasonably available, for the felony plea or sentencing in that case. Judges
may also use this authority for equivalent events in juvenile cases as described in § 15002(b)(2)(B),
with the consent of the juvenile after consultation with counsel; and it is further
ORDERED that, pursuant to § 15002(b)(3) of the CARES Act, if 90 days from the date
of this Order, the President’s emergency declaration remains in effect, along with the Judicial
Conference’s finding that the emergency conditions will materially affect the functioning of the
federal courts, the Chief Judge shall review the authorization described in this Order and determine
whether it shall be further extended. Such review will occur not less frequently than once every 90
days, until the last day of the covered emergency period or until the Chief Judge determines that
the authorization is no longer warranted.
SO ORDERED.
Date: June 28, 2022 _____________________ __
ROBERT A. MOLLOY
Chief Judge
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