Order — In re: Criminal Case Operations Due to COVID-19 Response (Dkt. 51, W.D. Mo.)
Summary
This order, docketed as Document 51 in Case 3:21-cr-05003-MDH and signed by Chief Judge Beth Phillips of the Western District of Missouri on September 16, 2021, extends for another 90 days the court's use of video and telephone conferencing in criminal cases under Section 15002 of the CARES Act, first authorized on March 30, 2020. The judge finds that the national emergency remains in effect and that health officials still advise minimizing gatherings. Video, or telephone if video is not reasonably available, may be used for detention hearings, initial appearances, preliminary hearings, arraignments, misdemeanor pleas and sentencings and similar events. A felony plea or sentencing may be conducted by video only if a judge finds it cannot be further delayed without serious harm to the interests of justice, and only with the defendant's consent after consultation with counsel.
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Full text
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
IN RE: )
CRIMINAL CASE OPERATIONS )
DUE TO COVID-19 RESPONSE )
ORDER
Congress passed and the President signed legislation authorizing the use of video and
telephone conferencing for various criminal case events during the COVID-19 emergency. See
The CARES Act, H.R. 748. The Judicial Conference of the United States has also 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.
In light of the health concerns recognized by Federal, State and local officials, on March
30, 2020, I exercised my authority under Section 15002(b)(1) of the legislation to authorize the
use of video and telephone conferencing for all events listed in that section. The authorization was
to remain in effect for 90 days (unless terminated earlier). Pursuant to Section 15002(b)(3), on
June 26, 2020, I reviewed the authorization to determine whether it should be extended and
thereafter extended the authorization for another 90 days. I reviewed and then extended the
authorization again on September 24, 2020, December 23, 2020, March 23, 2021, and June 17,
2021, each time for 90 days.
I have again reviewed the authorization pursuant to Section 15002(b)(3) to determine if it
should be extended. The national emergency remains in effect and the Judicial Conference of the
United States continues to find that emergency conditions have affected and will materially affect
the functioning of the federal courts generally. Further, Federal, State and local health officials
continue to advise that gatherings be minimized, and social distancing practiced, particularly with
respect to unvaccinated individuals. Accordingly, pursuant to The Cares Act, the March 30, 2020
Case 3:21-cr-05003-MDH Document 51 Filed 09/16/21 Page 1 of 3
Order authorizing video and telephone conferencing is extended. This Order authorizes video
conferencing (or telephone conferencing if video conferencing is not reasonably available) for all
events listed in Section 15002(b)(1) of the legislation; specifically:
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; and
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.
Pursuant to Section 15002(b)(2), I further find that, under certain circumstances, 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
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Case 3:21-cr-05003-MDH Document 51 Filed 09/16/21 Page 2 of 3
serious harm to the interests of justice, the judge may 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)(4) of the legislation, no video conferencing or
teleconferencing authorized by this Order may be used without the prior consent of the defendant
or juvenile after consultation with counsel.
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.
/s/ Beth Phillips
BETH PHILLIPS, CHIEF JUDGE
DATE: September 16, 2021 UNITED STATES DISTRICT COURT
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Case 3:21-cr-05003-MDH Document 51 Filed 09/16/21 Page 3 of 3
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