UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Miscellaneous Case No. 2:20-mc-00052 ENTERED
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SEPT 10 2021
RORY L PERRY 11, CLERK
U.S. o;strict Court
Southern Olstrict of West Vlr lnla
IN RE: SIXTH EXTENSION OF GENERAL ORDER #4
VIDEOCONFERENCING in
CRIMINAL PROCEEDINGS
On March 30, 2020, the Court issued General Order #4 authorizing the
expanded use of videoconferencing in criminal proceedings in light of the national
emergency created by the COVID-19 pandemic. On June 25, 2020, the Court entered
an order extending that authorization for ninety days. On September 21, 2020, the
Court entered an order further extending the authorization until December 20, 2020.
On December 18, 2020, the Court entered an order further extending the
authorization for ninety days. On March 17, 2021, the Court entered an order
further extending the authorization for ninety days. Finally, on June 14, 2021, the
Court entered an order further extending the authorization for ninety days. The
Court finds that the use of videoconferencing during the pandemic has been
beneficial to the court, litigants, and others involved in criminal proceedings in this
District.
Pursuant to Section 15002(b)(3) of the CARES Act, I am required to review
the authorization set forth in General Order #4 every ninety days. The authorization
is based upon the declaration of a national emergency by the President, and a
determination by the Judicial Conference that the federal courts are materially
affected by the national emergency. The national emergency due to the COVID-19
pandemic was declared on March 13, 2020 by Proclamation 9994. By operation of
statute, a national emergency automatically terminates on the anniversary of the
declaration of the emergency “if, within the ninety-day period prior to the
anniversary date, the President does not publish in the Federal Register and
transmit to Congress a notice stating that such emergency is to continue in effect
after such anniversary.” 50 U.S.C. § 1622(d). On February 24, 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. 86 FR 11599. To date, I
have no indication that the Judicial Conference is considering a determination that
the emergency no longer materially affects the federal courts. Further, although
progress has been made locally and nationally in halting the spread of the pandemic,
the risks of infection are still high among certain populations, especially in prisons
and detention centers. Additionally, CDC data1 currently indicate a high community
spread of the delta variant of COVID-19 throughout the state. Accordingly, it is
1 Centers for Disease Control and Prevention, COVID-19 Integrated County View (last visited Sept. 8,
2021): https://covid.cdc.gov/covid-data-tracker/#county-view.
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hereby ORDERED that the authorization to conduct videoconferencing in criminal
cases as outlined in General Order #4 is hereby extended for a period of ninety days.
This Order will remain in effect ninety days from the date of its entry unless
terminated earlier. If emergency conditions continue to exist ninety days from the
date of this Order, or if 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 will review
this Order and determine whether to extend it. Such review will occur not less
frequently than once every ninety days, until the last day of the covered emergency
period or until the Chief Judge determines that this authorization is no longer
warranted.
SO ORDERED this 10th day of September 2021.
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THOMAS E. JOHNSTON, CHIEF JUDGE
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