| Amid Coronavirus EDNY Goes
To Video Under CARES Act As Inner City Press
Covers Phone and Mag
By Matthew
Russell Lee, Patreon
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SDNY COURTHOUSE,
March 30 – The Federal
courts continue to try to
adapt to the Coronavirus
pandemic.
Below is the
March 30 administrative order
of Eastern District of New
York Chief Judge Roslynn
R. Mauskopt. On March 27,
Inner City Press attended and
reported on a bond hearing
conducted by Chief Judge
Colleen McMahon of the U.S.
District Court for the
Southern District of New York,
at which Judge McMahon said
she had been experimenting
earlier in the day with video
technology, but had yet to
find the right one.
In the SDNY, she
will handle Part 1 appeals on
Mondays. The next four days of
each week will, for now, be
covered by Judges Broderick,
Castel, Caproni and Rakoff.
SDNY District Judge Analisa
Torres held two telephonic
proceedings on March 30, which
Inner City Press covered, at
which she said video had not
been possible.
Here's from the
EDNY: On March 27, 2020,
Congress passed the
Coronavirus Aid, Relief, and
Economic Security Act (“CARES
Act”), which authorized the
Judicial Conference of the
United States to provide
authority to Chief District
Judges to permit the conduct
of certain criminal
proceedings by video or audio
conference. The President
signed the CARES Act into law
on March 27, 2020.
On March
29, 2020, the Judicial
Conference of the United
States made the appropriate
findings as required under the
CARES Act, finding
specifically 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) have materially
affected and will materially
affect the functioning of the
federal courts generally.”
Thus, acting pursuant to §
15002(b) of the CARES Act and
the authority granted by the
Judicial Conference of the
United States, I make the
following findings and order:
1. I find that
emergency conditions due to
the COVID-19 virus outbreak
will materially affect the
functioning of the courts
within this judicial district.
Thus, pursuant to the
authority granted under §
15002(b)(1) of the CARES Act,
I hereby authorize judges in
this district, with the
consent of the defendant or
the juvenile after
consultation with counsel, to
use video conferencing, or
telephone conferencing if
video conferencing is not
reasonably available for use,
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
Crimina; 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. Pursuant to §
15002(b)(2) of the CARES Act,
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 without seriously
jeopardizing public health and
safety. As a result, if judges
in individual cases find, for
specific reasons, that felony
pleas or sentencings in those
cases cannot be further
delayed without serious harm
to the interests of justice,
judges may, with the consent
of the defendant or the
juvenile after consultation
with counsel, conduct those
proceedings by video
conference, or by telephone
conference if video
conferencing is not reasonably
available.
And what
about other Districts? Watch
this site.
***
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