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UNITED STATES DISTRICT COURT
9 FOR THE WESTERN DISTRICT OF WASHINGTON
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11 IN RE:
GENERAL ORDER 04-20
12 HEARINGS BY VIDEO OR
TELEPHONE AS AUTHORIZED BY
13 THE CARES ACT
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16 This General Order is being issued in response to the developing outbreak of
17 Coronavirus Disease 2019 (COVID-19) following the enactment of the Coronavirus Aid,
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Relief, and Economic Security (“CARES Act”) on March 27, 2020. Pursuant to Sections
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20 15002(b)(1) and 15002(b)(2)(A) of the Act, on March 29, 2020, the Judicial Conference
21 of the United States found that emergency conditions due to the national emergency
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declared by the President under the National Emergencies Act (50 U.S.C. § 1601 et seq.)
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24 with respect to COVID–19 will materially affect the Federal courts generally.
25 This Court has previously issued General Order Nos. 01-20 through 03-20,
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regarding court operations in light of COVID-19. General Order 03-20 describes the
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28 process by which the court will conduct certain hearings by video conference or telephone
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1 conference other than pleas or sentencings. For the reasons previously set forth in those
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Orders, which reasons are incorporated herein, pursuant to § 15002(b)(2)A) of the CARES
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Act, I now find that felony pleas under Rule 11 of the Federal Rules of Criminal Procedure
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5 and felony sentencings under Rule 32 of the Federal Rules of Criminal Procedure cannot
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be conducted in person without seriously jeopardizing public health and safety.
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8 THEREFORE, under the authority granted by § 15002(b)(1) and (2) of the CARES
9 Act, this Court hereby declares and orders as follows:
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(1) The use of video conferencing or telephone conferencing is now authorized
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12 for the following types of events:
13 a. Detention hearings under 18 U.S.C. § 3142;
14 b. Initial appearances under Fed. R. Crim. P. 5;
c. Preliminary hearings under Fed. R. Crim. P. 5.1;
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d. Waivers of indictment under Fed. R. Crim. P. 7(b);
16 e. Arraignments under Fed. R. Crim. P. 10;
17 f. Probation and supervised release revocation proceedings under Fed. R.
Crim. P. 32.1;
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g. Pretrial release revocation proceedings under 18 U.S.C. § 3148;
19 h. Appearances under Fed. R. Crim. P. 40;
20 i. Misdemeanor pleas and sentencings as described in Fed. R. Crim. P.
21 43(b)(2); and
j. Proceedings under 18 U.S.C. ch. 403 (the “Federal Juvenile
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Delinquency Act”), except for contested transfer hearings and juvenile
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(2) The use of video conferencing or telephone conferencing for felony pleas
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26 under Fed. R. Crim. P. 11 and felony sentencings under Fed. R. Crim. P. 32 is hereby
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authorized provided that the district judge in a particular case finds for specific reasons
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1 that the plea or sentencing in that case cannot be further delayed without serious harm to
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the interests of justice. In cases that can be further delayed without such harm, the district
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judge should instead continue the sentencing or trial date and, in the latter case, enter an
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5 order excluding time for trial under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A). See,
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e.g., C.D. Cal. General Order No. 20-02 ¶ 4.
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8 (3) Consistent with Section 15002(b)(4) of the CARES Act, video conferencing
9 or telephone conferencing authorized by this Order may take place only with the consent
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of the defendant, or the juvenile, after consultation with counsel. That consent may be
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12 obtained, on the record, at the time of the relevant event and need not be in writing.
13 Because hearings currently cannot be conducted in person without seriously jeopardizing
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public health and safety, a defendant’s refusal to grant such consent may be considered as
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16 grounds for a continuance or other appropriate relief in the interests of justice.
17 IT IS SO ORDERED.
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Dated this 30th day of March, 2020.
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A
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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