Today, the Administrative Office of the United States Courts issued a press release titlled Judiciary Authorizes Video/Access During Covid-19 Pandemic. The press release states, in part:
So what types of criminal proceedings may be authorized for video/audio access by individual districts based on the Judicial Conference's findings? Section 15002(b) of the CARES Act, describes two categories of criminal proceedings that may be authorized for video teleconferencing (or telephone conferencing if video teleconferencing is not reasonably available):In order to address health and safety concerns in federal courthouses and courtrooms, the Judicial Conference of the United States has temporarily approved the use of video and teleconferencing for certain criminal proceedings and access via teleconferencing for civil proceedings during the COVID-19 national emergency.
With regard to criminal proceedings, the Judicial Conference, the administrative policy-making body for the federal courts, found on March 29, pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), 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 ...". Under Section 15002(b) of] the CARES Act, this finding allows chief district judges, under certain circumstances and with the consent of the defendant, to temporarily authorize the use of video or telephone conferencing for certain criminal proceedings during the COVID-19 national emergency.The CARES Act provides that the authorization of video and telephone conferencing will end 30 days after the date on which the national emergency ends, or the date when the Judicial Conference finds that the federal courts are no longer materially affected, whichever is earlier.
The Executive Committee of the Judicial Conference, acting on an expedited basis on behalf of the Conference, on March 29 approved a temporary exception to the Conference broadcast/cameras policy to allow a judge to authorize the use of teleconferencing to provide the public and media audio access to court proceedings. This exception may be applied when public access to the federal courthouse is restricted due to health and safety concerns during the COVID-19 pandemic, and the authorization will expire when the Judicial Conference finds that emergency conditions are no longer materially affecting the functioning of federal courts.
With respect to the possible use of teleconference and videoconference technology to provide the public and the media with access to criminal proceedings, the Administrative Office of the U.S. Courts is evaluating this issue in light of Federal Rule of Criminal Procedure 53 and the CARES Act and will be providing additional guidance in the near future.
(b) VIDEO TELECONFERENCING FOR CRIMINAL PROCEEDINGS.--
(1) IN GENERAL.--Subject to paragraphs (3), (4), and (5), if the Judicial Conference of the United States finds that emergency conditions due to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) will materially affect the functioning of either the Federal courts generally or a particular district court of the United States, the chief judge of a district court covered by the finding (or, if the chief judge is unavailable, the most senior available active judge of the court or the chief judge or circuit justice of the circuit that includes the district court), upon application of the Attorney General or the designee of the Attorney General, or on motion of the judge or justice, may authorize the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available, for the following events:
(A) Detention hearings under section 3142 of title 18, United States Code.
(B) Initial appearances under Rule 5 of the Federal Rules of Criminal Procedure.
(C) Preliminary hearings under Rule 5.1 of the Federal Rules of Criminal Procedure.
(D) Waivers of indictment under Rule 7(b) of the Federal Rules of Criminal Procedure.
(E) Arraignments under Rule 10 of the Federal Rules of Criminal Procedure. (
F) Probation and supervised release revocation proceedings under Rule 32.1 of the Federal Rules of Criminal Procedure.
(G) Pretrial release revocation proceedings under section 3148 of title 18, United States Code.
(H) Appearances under Rule 40 of the Federal Rules of Criminal Procedure. (I) Misdemeanor pleas and sentencings as described in Rule 43(b)(2) of the Federal Rules of Criminal Procedure.
(J) Proceedings under chapter 403 of title 18, United States Code (commonly known as the "Federal Juvenile Delinquency Act"), except for contested transfer hearings and juvenile delinquency adjudication or trial proceedings.
(2) FELONY PLEAS AND SENTENCING.--
(A) IN GENERAL.--Subject to paragraphs (3), (4), and (5), if the Judicial Conference of the United States finds that emergency conditions due to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) will materially affect the functioning of either the Federal courts generally or a particular district court of the United States, the chief judge of a district court covered by the finding (or, if the chief judge is unavailable, the most senior available active judge of the court or the chief judge or circuit justice of the circuit that includes the district court) specifically finds, upon application of the Attorney General or the designee of the Attorney General, or on motion of the judge or justice, 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 without seriously jeopardizing public health and safety, and the district judge in a particular case finds for specific reasons that the plea or sentencing in that case cannot be further delayed without serious harm to the interests of justice, the plea or sentencing in that case may be conducted by video teleconference, or by telephone conference if video teleconferencing is not reasonably available.
(B) APPLICABILITY TO JUVENILES.--The video teleconferencing and telephone conferencing authority described in subparagraph (A) shall apply with respect to equivalent plea and sentencing, or disposition, proceedings under chapter 403 of title 18, United States Code (commonly known as the "Federal Juvenile Delinquency Act").
Sec. 15002(b)(1)-(2) of the CARES Act.
The Training Division is providing COVID-19 resources and materials, updated multiple times daily, to assist defenders and CJA panel attorneys understand and litigate issues releated to the COVID-19 pandemic.