Case 2:20-mc-00052 Document 17 Filed 03/17/21 Page 1 of 3 PageID #: 60
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Miscellaneous Case No. 2:20-mc-00052
ENTERED
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MAR 17 2021
RORY L PERRY 11, CLERK
U.S. o;strict Court
Southern Olstrict of West Vlr lnla
IN RE: FOURTH 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. 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
Case 2:20-mc-00052 Document 17 Filed 03/17/21 Page 2 of 3 PageID #: 61
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. Accordingly, it is
hereby ORERED 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
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period or until the Chief Judge determines that this authorization is no longer
warranted.
SO ORDERED this 17th day of March 2021.
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