UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Miscellaneous Case No. 2:20-mc-00052
ENTERED
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MAR 7 2022
RORY L PERRY 11, CLERK
U.S. o;strict Court
Southern Olstrict of West Vlr lnla
IN RE: EIGHTH 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. On June 14, 2021, the Court
entered an order further extending the authorization for ninety days. On September
10, 2021, the Court entered an order further extending the authorization for ninety
days. Finally, on December 8, 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).
The President has twice continued the national emergency within the period
required by statute. 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. On February 18, 2022, the
President notified Congress that the pandemic continues to cause significant risk to
the public health and safety of the nation, and on February 23, 2022, published
formal notice in the Federal Register continuing the national emergency concerning
the COVID-19 pandemic. 87 FR 10289. 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
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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,
recently updated CDC guidelines1 currently indicate a high rate of community
spread of COVID-19 throughout the state. Accordingly, it is 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 7th day of March, 2022.
________________________________________
_______
______________
______________________________
THOMAS
TH
T HO
OM MAAS SEE.. J
JOHNSTON,
JO
OH HN NST
STOON CHIEF
N, CH
C HIIE JUDGE
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JUDG
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1 Centers for Disease Control and Prevention, United States COVID-19 Community Levels by County.
(Last visited March 3, 2022). https://www.cdc.gov/coronavirus/2019-ncov/science/community-
levels.html.
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