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Renewed Standing Order - 20-05

VIDEO CONFERENCE HEARINGS IN CASES DUE TO COVID-19 SPREAD

WHEREAS the Court continues to evaluate how best to assist in the preservation of
public safety and health during the CO VID-19 outbreak while effectively administering
justice during this period of national emergency; and

WHEREAS Congress has passed and the President has signed legislation
authorizing the use of video and telephone conferencing, under certain circumstances and
with the consent of the defendant, for various criminal case hearings during the COVID-
19 outbreak; and

WHEREAS the Judicial Conference of the United States has found under that
legislation, the Coronavims Aid, Relief, and Economic Security Act, H.R. 748 (CARES
Act), that emergency conditions due to the national emergency declared by the President
will materially affect the functioning of the Federal courts generally; and

WHEREAS the Court entered Standing Order 20-05 on March 31, 2020, making
findings under the CARES Act, but that under Section 15002(b)(3)(B) the 90-day period
for review of that Standing Order is at hand;

NOW THEREFORE, the Court hereby adopts the following Standing Order:
1. The Court recognizes that flexibility in how criminal hearings are conducted
serves community safety and the interests of justice in the District of South Dakota, with
the CO VID-19 virus still spreading in South Dakota and with certain jails where federal
detainees are held not allowing inmates removed for in-person hearings to return to those
jails.
2. The Court authorizes on its own motion the use of video teleconferencing (or
telephone conferencing if video teleconferencing is not reasonably available) in the
criminal procedures specifically enumerated in Section 15002(b)(l) of the CARES Act, to
wit:
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.

3. The Court finds on its own motion, under Section 15002(b)(2) of the CARES
Act, 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 certain cases presently without seriously jeopardizing public health and safety.

Thus, the use of video teleconferencing (or telephone conferencing if video
teleconferencing is not reasonably available) is permitted for change of plea and sentencing
hearings in felony cases with the defendant's consent in such cases.

4. Under Section 15002(b)(2)(A) of the CARES Act, any judge presiding in a
particular case who authorizes the use of video teleconferencing (or telephone conferencing
if video teleconferencing is not reasonably available) under paragraph 3 of this Standing
Order, must find for specific reasons that the plea or sentencing in that case cannot be
further delayed without serious harm to the interests of justice. Under Section 15002(b)(4)
of the CARES Act, this authorization may occur only with the consent of the defendant, or
the juvenile, after consultation with counsel.

5. The Court under Sections 15002(b)(3)(A) and (B) of the CARES Act will
review the findings and authorizations made in this Renewed Standing Order no later than
ninety (90) days after entry or any subsequent renewal.