- Checklist for Advice to Clients re: Virtual Hearings (Spring 2022)
This checklist was endorsed by the Defender Services Advisory Group (DSAG) and the Performance Measurement Working Group (PMWG) during their Spring 2022 meeting. It addresses issues to thing about related to setting and technology, indivdiual client and court, and big and small picture concerns related to virtual court proceedings. - NAPD Statment on the Issues with the Use of Virtual Courtroom Technology (6/18/2020)
This document is intended for judges and policymakers as input from the defense bar on the implementation of virtual court. Its various sections "describe standards that at least minimally satisfy due process and fair trial protections for hte public defender's client." - Criminal Court Reopening and Public Health in the COVID-19 Era: NACDL Statement of Principles and Report (6/2020) This report ackowledges the "inherent conflict between core constitutional rights and public safety" caused by the COVID-19 pandemic's challenges for court operations in criminal matters where liberty, and in some venues, life is at stake. The report sets forth 10 core principles for reopening courts, such as:
- In-Person Proceedings Must Be Certified by Independent Medical Experts to Present Minimimal Risk of COVID-19 Transmission
- Any Measure Implemented to Address the Pandemic Mut Be Limited to the Duration of the Pandemic and Tailored to Meet an Articulated Public Health Need
- Video Conferencing Assistance for CJA Panel Attorneys: contact email address Video_Conference_CJA_Help@fd.org (link sends e-mail)
In many districts CJA panel attorneys are being asked to use video conferencing. For some, this may be the first time they have attempted to do it. If you would like a second pair of virtual eyes when trying to use this technology, email the National Litigation Support Team at Video_Conference_CJA_Help@fd.org (link sends e-mail) and someone will follow up with you and see if we can assist. Please remember that this is not our primary area of focus (it’s typically addressing e-discovery challenges and using litigation support technology), and there are many video conferencing platforms and services out there, some of which we haven’t seen. But we know that with some assistance, panel attorneys can use video conferencing tools successfully. We work with panel attorneys every day using litigation support technology and we have seen how they have been able to do much more with technology than they ever thought, and we want you to have assistance during these difficult times. We will try and respond quickly, but give us 24-hour notice as we are a small team and there are over 12,000 CJA panel attorneys in the U.S. If there is a great interest for this kind of help, we will expand our group of people who will respond. We may encounter technical problems beyond all our control. Jails may be using a commercial service, or they may be using their own proprietary system. But know that we will do what we can to help make it work and give you some tips and tricks for the next time.
In the weeks to come, we will collect and identify video conferencing training resources for CJA panel attorneys. If you identify videoconferencing systems that are being used in your district, have reference materials that may be of assistance to your fellow panel attorneys, let us know and we can share that information with others on www.fd.org.- Guidance for CJA Panel Attorneys Using Video Conference Technology for Court Proceedings (5/20/2020)
This memo provides guidance and recommendations for how to effectively participate in court proceedings for two common video conference technologies adopted by the courts: WebEx and Zoom. - Guidance for CJA Panel Attorneys Using Video Conference Technology for Client Meetings (5/12/2020)
This memo provides guidance and recommendations for conducting client meetings using two common video conference technologies, WebEx and Zoom.
- Guidance for CJA Panel Attorneys Using Video Conference Technology for Court Proceedings (5/20/2020)
- Federal Judiciary Authorizes Video/Audio Access During COVID-19 Pandemic (3/31/20)
The Judicial Conference, pursuant to Section 15002(b) of the CARES Act, made a finding that "emergency conditions due to the national emergency declared by the President with respect to COVID-19 will materially affect the functioning of the federal courts generally ...". Under the CARES Act, this finding allows chief district judges, under certain circumstances and with the consent of the defendant, to temporarily authorize the use of video or telephone conferencing for certain criminal proceedings during the COVID-19 national emergency. - Affidavit to Support VTC Sentencing (03/26/20)
- Filing Uncontested Sentencing VTC (MS-N) (03/26/20)
- Order Invitation to Reconsider Detention (CA-C) (03/25/20)
- Order Temporary Release (CA-C) (03/26/20)
- Post Sent Release Order Contested (D-DC) (03/26/20)
- Waiver Rights Consent Plea Sentencing Video (Spanish) (TX-S)
- Waiver Rights Consent Plea Sentencing Video (TX-S)
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Order Release First Step Act (D-SC) (03/24/20)
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Waiver of Appearance COVID19 (CA-E) (03/24/20)
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Opinion Remand (access to clients) Fed. Defs. v. BOP (2d Cir.) (03/20/20)
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Order Grant Motion Reconsider Release COVID19 (CA-N) (03/19/20)
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Release Order Grant Bail Covid-19 (NY-S) (03/19/20)
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Idaho General Order CJA Interim Payments (3/18/20)
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Motion Requesting Waiver Of Presence At Preliminary Revocation Hearing Granted (03/18/2020)
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Order Granting Release (3/18/2020)
- Order Sentence Reduction COVID19 (D-MA) (03/17/20)
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Objection Closing Courtroom (3/17/2020)
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Standing Order Reopen Detention Hearing (3/17/2020)
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Order Grant Emerg. Mot. to Modify Conds. Prob (D-NV) (03/17/20)
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Standing Order Review Detention (3/16/2020)
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CAE Motion Equitable Toll FPD (03/16/20)
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CAN Order Waiver Presence at Sentencing Possible Time Served (03/15/20)