CARES Act And The Future Of Remote Criminal Proceedings

Litigation Partner Steve Gordon wrote an article for Law360 analyzing the increased use of video conferencing in criminal proceedings. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) includes a provision allowing for certain federal criminal proceedings such as arraignments and sentencings to occur remotely if the Judicial Conference of the United States finds that the COVID-19 pandemic has materially affected federal courts' ability to function and if the chief judge of a federal court district authorizes the use of video conferencing. Since the Judicial Conference has already determined as such, district courts are responding quickly with the required authorizations. As Mr. Gordon explains, the provision replaces existing law, and the most notable change is allowing video conferencing in felony pleas and sentencings.

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