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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Miscellaneous Case No. 2:20-mc-00052
This authorization was extended on the following dates:
June 25, 2020 March 17, 2021 March 7, 2022
September 21, 2020 June 14, 2021 June 6, 2022
December 18, 2020 September 10, 2021
December 8, 2021 December 5, 2022
March 3, 2023
IN RE: VIDEOCONFERENCING FOR
CRIMINAL PROCEEDINGS UNDER THE
CARES ACT IN LIGHT OF THE
NATIONAL EMERGENCY CREATED BY
THE COVID-19 PANDEMIC
GENERAL ORDER # 4
The Court issues this General Order as one in a series of General Orders in
response to the spread of the Coronavirus Disease 2019 (COVID-19) pandemic in the
Southern District of West Virginia and elsewhere. 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., in light of the COVID-19 pandemic. There are multiple
confirmed cases of the disease in the State of West Virginia, and the Governor of the
State has also declared a state of emergency. As a result, large indoor gatherings are
limited and only essential travel is permitted.
On March 27, 2020 the President signed the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act), H.R. 748, which vests certain authority in a
Chief District Judge to permit videoconferencing for certain criminal proceedings if
the Judicial Conference of the United States first finds that the national emergency
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declared by the President with respect to COVID-19 will materially affect the
functioning of the Federal courts generally.
On March 29, 2020, the Judicial Conference of the United States found that
emergency conditions, due to the national emergency declared by the President with
respect to COVID–19, will materially affect the functioning of the Federal courts
generally.
Accordingly, pursuant to Section 15002(b)(1) of the CARES Act and the
findings of the Judicial Conference, acting as Chief Judge on my own motion, it is
hereby ORDERED that videoconferencing—or telephone conferencing if
videoconferencing is not reasonably available—is hereby authorized in the Southern
District of West Virginia as a method to conduct the following criminal proceedings
listed in Section 15002(b)(1) of the CARES Act, only with the consent of the
defendant or the juvenile after consultation with counsel:
• Detention hearings under 18 U.S.C. § 3142;
• 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;
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• Probation and supervised release revocation proceedings under Rule 32.1 of
the Federal Rules of Criminal Procedure;
• Pretrial release revocation proceedings under 18 U.S.C. § 3148;
• 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
• Proceedings under chapter 403 of title 18, United States Code (the “Federal
Juvenile Delinquency Act”), except for contested transfer hearings and
juvenile delinquency adjudication or trial proceedings.
Pursuant to Section 15002(b)(2) of the CARES Act, I hereby find that felony
pleas under Rule 11 of the Federal Rules of Criminal Procedure, and felony
sentencings under Rule 32 of the Federal Rules of Criminal Procedure, cannot be
conducted in person in the Southern District of West Virginia without seriously
jeopardizing public health and safety.
Accordingly, acting as Chief Judge on my own motion, it is hereby ORDERED
that if the district judge in a particular case finds for specific reasons that a felony
plea under Rule 11 of the Federal Rules of Criminal Procedure, a felony sentencing
under Rule 32 of the Federal Rules of Criminal Procedure (or any equivalent plea
and sentencing, or disposition proceedings under the Federal Juvenile Delinquency
Act) cannot be further delayed without serious harm to the interests of justice, then,
with the consent of the defendant (or the juvenile), after consultation with counsel,
the plea, sentencing, or equivalent proceeding may be conducted by
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videoconferencing, or by telephone conference if videoconferencing is not reasonably
available.
Pursuant to Section 15002(b)(3) of the CARES Act, this Order will remain in
90 days from the date of its entry unless terminated earlier. If emergency conditions
continue to exist 90 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 90 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 30th day of March, 2020.
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