{
  "id": "IN11344",
  "type": "CRS Insight",
  "typeId": "INSIGHTS",
  "number": "IN11344",
  "active": true,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 622533,
      "date": "2020-04-17",
      "retrieved": "2020-04-20T22:20:18.295374",
      "title": "The Federal Judiciary and the Coronavirus Aid, Relief, and Economic Security Act (\u201cCARES Act\u201d)",
      "summary": "On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or \u201cthe Act\u201d) to address the nationwide impact of Coronavirus disease 2019 (COVID-19). The portions of the CARES Act directed at the federal courts seek to support the federal judiciary in two key ways. First, the Act expands courts\u2019 ability to conduct criminal proceedings by video or audio conference. Second, the Act provides funding for the federal judiciary to respond to the pandemic.\nVideo and Audio Conferencing\nFederal Rule of Criminal Procedure 53 (\u201cRule 53\u201d) constrains federal courts\u2019 ability to conduct criminal proceedings by video or audio conference, prohibiting, with limited exceptions, \u201cthe taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.\u201d However, Section 15002(b)(1) of the CARES Act provides that if the Judicial Conference of the United States finds that \u201cemergency conditions\u201d created by COVID-19 \u201cwill materially affect the functioning\u201d of all or some federal district courts, the chief judge of any affected district court may allow certain criminal proceedings to be conducted by video or audio conference. Before enactment of the CARES Act, Federal Rules of Criminal Procedure 5(f), 10(c), and 43(b)(2) allowed courts to conduct some criminal proceedings by \u201cvideo teleconferencing\u201d with the defendant\u2019s written consent. The Act expands that authorization to include telephone conferencing. Additionally, while the defendant\u2019s consent is still required, such consent need not be in writing. \nOn March 29, 2020, the Judicial Conference of the United States determined that the COVID-19 pandemic \u201cwill materially affect the functioning of the federal courts generally[.]\u201d Under Section 15002(b)(1) of the CARES Act, that finding allows the chief judge of each federal district court to authorize temporarily the use of video or telephone conferences for all criminal proceedings covered by the Act, which include the following:\nInitial appearances under Federal Rule of Criminal Procedure 5: During the initial appearance, held as soon as practicable after arrest, the judge advises the accused of his or her rights and determines whether the accused can afford an attorney or requires a public defender.\nDetention hearings under 18 U.S.C. \u00a7 3142: The court conducts a pretrial detention hearing to determine whether to release or detain a defendant pending trial.\nArraignments under Federal Rule of Criminal Procedure 10: Within ten days of arrest, the defendant appears in court, hears the charges against him or her, and enters a plea of guilty or not guilty. If necessary, the court sets a trial date.\nHearings related to the revocation of pretrial release under 18 U.S.C. \u00a7 3148, or revocation of probation or supervised release under Federal Rule of Criminal Procedure 32.1.\nMisdemeanor pleas and sentencing under Federal Rule of Criminal Procedure 43(b)(2): A defendant must generally be physically present during certain criminal proceedings, but may consent to waive that requirement if the offense is a misdemeanor.\nProceedings under the Federal Juvenile Delinquency Act: The Federal Juvenile Delinquency Act governs federal criminal violations committed before the offender\u2019s eighteenth birthday. This authorization of the use of teleconferencing does not include adjudicatory proceedings. \nAdditionally, Section 15002(b)(2) of the CARES Act permits courts to conduct felony pleas and felony sentencings (including for juveniles) by video or telephonic conference if the chief judge of a district court finds that such proceedings \u201ccannot be conducted in person without seriously jeopardizing public health and safety, and 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.\u201d \nUnder Section 15002(b)(5) of the CARES Act, the authorization for expanded use of video and audio conferencing in criminal matters will terminate 30 days after the national emergency ends or when the Judicial Conference determines that the emergency no longer materially affects the federal courts\u2014whichever occurs first. Separately, the Judicial Conference also authorized access to civil proceedings by teleconference during the COVID-19 national emergency.\nThe Administrative Office of the U.S. Courts (AO) on April 3 issued guidance related to the CARES Act and Rule 53. According to AO, the Act \u201cpermit[s] courts to include the usual participants and observers of such proceedings by remote access\u201d through videoconference and teleconference\u2014including the media and the public. The AO emphasized, however, that Rule 53 \u201ccontinues to prohibit broadcasting of court proceedings generally, such as through live streaming on the internet.\u201d Accordingly, improper recording or rebroadcast of proceedings conducted by teleconference may be subject to penalties.\nThe CARES Act does not authorize the use of video and telephonic conferencing to conduct federal criminal jury trials. However, as the AO explains, \u201ccourts across the country have postponed jury trials, grand juries, and other court proceedings to safeguard the health of jurors\u201d and others. \nBesides responding specifically to COVID-19, Section 15002(b)(6) of the CARES Act directs the Judicial Conference of the United States and the U.S. Supreme Court to consider rule amendments under the Rules Enabling Act \u201cthat address emergency measures that may be taken by the Federal courts when the President declares a national emergency under the National Emergencies Act.\u201d \nA separate bill introduced in the 116th Congress, the Twenty-First Century Courts Act, would (among other things) require the Supreme Court and the U.S. Courts of Appeals to make audio recordings of certain proceedings publicly available online.\nJudiciary Funding\nThe CARES Act also makes appropriations to the federal judiciary \u201cto prevent, prepare for, and respond to coronavirus, domestically or internationally.\u201d By law, Congress designated such appropriations to be for an emergency requirement.\nThe three judiciary accounts that received funds under the Act include the Supreme Court of the United States\u2014Salaries and Expenses account ($500,000); the Courts of Appeals, District Courts, And Other Judicial Services\u2014Salaries and Expenses account ($6,000,000); and the Defender Services account ($1,000,000).",
      "type": "CRS Insight",
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      "topics": [
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          "source": "IBCList",
          "id": 4755,
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