FILED
Mar 30 2020
United States District Court
Northern District of Ohio
General Order

GENERAL ORDER NO. 2020-06

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

In Re:
Video and Telephone Conferencing
for Criminal Proceedings Under the
CARES Act

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ORDER NO. 2020-06

On March 13, 2020, the President declared a national emergency under the
National Emergencies Act (50 U.S.C. § 1601, et seq.) with respect to the Coronavirus
Disease 2019 (COVID-19).
On March 27, 2020, Congress passed legislation authorizing the use of video
and telephone conferencing, under certain circumstances and with the consent of the
defendant, for various criminal case events during the course of the COVID-19
emergency. See The CARES Act, H.R. 748. On March 29, 2020, the Judicial
Conference of the United States found that emergency conditions due to the national
emergency declared by the President have affected and will materially affect the
functioning of the federal courts generally.
As Chief Judge, and pursuant to Section 15002(b)(1) of the legislation, I hereby
authorize the use of video conferencing, or telephone conferencing if video
conferencing is not reasonably available, for all events listed in Section 15002(b) of the
legislation:

(1)

Detention hearings under Section 3142 of Title 18, United States Code.

(2)

Initial appearances under Rule 5 of the Federal Rules of Criminal
Procedure.

(3)

Preliminary hearings under Rule 5.1 of the Federal Rules of Criminal
Procedure.
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 (4)

Waivers of Indictment under Rule 7(b) of the Federal Rules of Criminal
Procedure.

(5)

Arraignments under Rule 10 of the Federal Rules of Criminal Procedure.

(6)

Probation and supervised release revocation proceedings under Rule 32.1
of the Federal Rules of Criminal Procedure.

(7)

Pretrial release revocation proceedings under Section 3148 of Title 18,
United States Code

(8)

Appearances under Rule 40 of the Federal Rules of Criminal Procedure.

(9)

Misdemeanor pleas and sentencings as described in Rule 43(b)(2) of the
Federal Rules of Criminal Procedure.

(10) Proceedings under 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.
Pursuant to Section 15002(b)(2), I further specifically 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
this district without seriously jeopardizing public health and safety. As a result, if a judge
in an individual case finds, for specific reasons, that a felony plea or sentencing in that
case cannot be further delayed without serious harm to the interests of justice, the judge
may, with the consent of the defendant after consultation with counsel, use video
conferencing, or teleconferencing if video conferencing is not reasonably available, for
the felony plea or sentencing in that case. Judges may also use this authority for
equivalent events in juvenile cases as described in Section 15002(b)(2)(B).
Pursuant to Section 15002(b)(3) of the legislation, this authorization will remain
in effect for 90 days unless terminated earlier. If emergency conditions continue to
exist 90 days from the entry of this order, I will review this authorization and determine
whether to extend it.
IT IS SO ORDERED.

FOR THE COURT

Patricia A. Gaughan
Chief Judge
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