EAST ST. LOUIS - Chief District Judge Nancy Rosenstengel issued an order Monday allowing for the use of video teleconferencing or telephone conferencing for certain criminal proceedings, effective immediately, for the following:
• Detention hearings under 18 U.S.C. § 3142;
• Initial appearances under Federal Rule of Criminal Procedure 5;
• Preliminary hearings under Federal Rule of Criminal Procedure 5.1;
• Waivers of Indictment under Federal Rule of Criminal Procedure 7(b);
• Arraignments under Federal Rule of Criminal Procedure 10;
• Probation and supervised revocation proceedings under Federal Rule of Criminal Procedure 32.1;
• Pretrial release revocation proceedings under 18 U.S.C. § 3148;
• Appearances under Federal Rule of Criminal Procedure 40;
• Misdemeanor pleas and sentencings under Federal Rule of Criminal Procedure 43(b)(2);
• Proceedings under 18 U.S.C. § 403 (commonly known as the “Federal Juvenile Delinquency Act”), except for contested transfer hearings and juvenile delinquency adjudication or trial proceedings.
"Given the impact of the COVID-19 outbreak in the district, the federal courts in East St. Louis and Benton cannot apply the recommended social distancing measures and simultaneously continue operations in the usual way without endangering the health of defendants, counsel, the public, and court personnel, thereby necessitating the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available," Rosenstengel stated in a press release.
"Telephone conferencing has been tested and is operational. The Court continues to work toward a stable, secure video teleconferencing system, which will be utilized to the fullest extent practicable as it is available."
This latest Southern District of Illinois court order comes in the wake of the enactment of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed by President Trump on Friday, providing options for courts in dealing with the COVID-19 emergency.
According to a press release issued by Rosenstengel's office, felony pleas under Federal Rule of Criminal Procedure 11 and felony sentencings under Federal Rule of Criminal Procedure 32 were also authorized to be conducted by video teleconference, or by telephone conference if video conference is not reasonably available, if 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 video teleconferencing or telephone conferencing authorized under the order may only take place with the consent of the defendant, or the juvenile, after consulting with counsel.
In the event a defendant in a criminal case does not consent to the use of video teleconferencing or telephone conferencing under the CARES Act, credentialed members of the press and public may attend such hearings in person, under certain conditions.
At the discretion of the presiding judge, principal participants and the public and press may be physically segregated from each other, including utilizing multiple rooms, and video teleconferencing and/or telephone conferencing. Social distancing protocols will be required in all proceedings, and the number of in-person participants may be limited based on the capacity of the room, and in consideration of CDC guidance that gatherings be limited to 10 or less.
Courtroom spectators are reminded that a shelter-in-place order has been ordered throughout Illinois and that there are health and safety risks associated with attending an inperson court hearing.
Information detailing how to access any audio and/or video feed of court proceedings will be posted in the notice of setting on a case-by-case basis, and general information will be published on the district court’s public web page, www.ilsd.uscourts.gov. All rules and prohibitions on the recording of proceedings remain in effect.
The court will review its findings and authorizations no later than 90 days after the initial order or any subsequent renewal.